Law Queries: equal pay and TUPE

Q. I work as an administrator for an IT company which has just merged with another. I am now working alongside two colleagues who transferred in under TUPE and who get paid more than me for doing the same job. They are both women and I am the only male administrator. Can I bring an equal pay claim?

A. The Equal Pay Act was introduced to eliminate discrimination in pay by stating that men and women should be paid equal pay for equal work. Identifying a difference in pay between the sexes is a prerequisite for bringing an equal pay claim, but the claim will only succeed if you can show that the reason for the difference in pay is the sex of the worker.

In your case, it appears that the reason for the pay difference is that your colleagues were transferred under the TUPE regulations, under which your employer is obliged to pay them the same as they were earning before the transfer. Although this does create unfairness, it is not unlawful, as there is no obligation on your employer to increase your pay in line with theirs.