Before filing a complaint about equal pay with an employment tribunal you must first inform Acas so the can carry out what is known as the early conciliation procedure. The formal procedure for notify Acas requires you to fill out a simple Early Conciliation notification form. Acas aim to contact all claimants within two working days of submitting this form. When they contact you, Acas will explain breify what the Early Conciliation procedure is and ask you some basic questions about your claim. At this point, you may decide you do not wish to continue with your claim or Acas may advise you that they are unable to help. However, most cases are passed to an Acas conciliator after the initial discussions. The conciliator will discuss with you or your representative and also the representative of your employer who you are making your claim against. The role of the conciliator is to try and talk through any issues and reach a solution to the issue without having to resort to employment tribunal proceedings.
You will need to pay a fee to lodge a claim with the employment tribunal. The Ministry of Justice has produced a Factsheet on fees. Claims for equal pay attract the higher rate of fees for employment tribunal proceedings. The Tribunal has the power to make an order for the unsuccessful party to reimburse the fees paid by the successful party to them. You may also be able to get assistance in paying the fees if you are on a low income.
Normally, equal pay claims are heard by an employment tribunal. An employment tribunal is a judicial independent body that is charged solely with resolving employment disputes between employers and employees. The Employment Tribunal hears claims relating to a variety of employment rights including equal pay. However, the Supreme Court has previously held that where the time limit for bringing a claim to an employment tribunal has expired, the claim may be heard in the ordinary courts. It is important to be aware of the time limits relating to equal pay claims. Employment Tribunal claims must be brought within six months of the date of termination of employment. However, contractual claims for equal pay brought in the county or High Courts have a much longer limitation period - six years from the date of the breach of contract. You should seek legal advice to determine where you should bring your claim and also for further guidance and assistance in making your claim.
Employment law is an area of constant change. You should seek advice from an expert employment lawyer if you decide you want to make an equal pay claim. Call us today on 01224 968 316 or if you prefer you can contact us online here.
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