Despite some progress, gender-based wage disparities persist, leaving women at a disadvantage. In the UK, even with transparency laws requiring companies to report gender pay gaps, many organisations still grapple with wage inequalities. Real change calls for action beyond reporting – and that’s where group litigation steps in.
Group litigation lets employees hold employers accountable for not paying a fair wage. In this guide, we dive into how group litigation works in pay gap cases, the key benefits of group lawsuits, and recent examples of equal pay cases. We also provide some helpful advice on how you can join the fight and tackle gender pay disparities head-on.
Gender pay gap stats
The gender pay gap impacts women’s financial security, career progression, and overall wellbeing and equality in the workplace. And despite what you might think, it’s still a big problem. In the UK, the latest Office for National Statistics figures show the gender pay gap is :
- Highest in skilled trades occupations and lowest in caring, leisure and other service occupations
- Larger for employees aged 40 years and over
- Larger among high earners than lower-paid employees
- Higher in every English region than in Wales, Scotland, or Northern Ireland
- Declining slowly.
How group litigation addresses gender pay gap disparities
When it comes to addressing gender pay gaps, group litigation lets employees unify their voices and take action. Here’s a breakdown of how this process typically works and why it can be so effective.
1. Building a group claim
Employees with similar claims come together in group litigation to form a collective case against their employer. In gender pay gap cases, this means employees who have experienced pay disparities based on gender can unite to file a claim.
The strength of a group claim lies in its numbers. By bringing together multiple employees, the case demonstrates that wage disparity isn’t just a one-off issue but a systemic problem within the organisation. This collective approach makes it harder for companies to dismiss the claims and pressures them to take the issue seriously.
Join the Claim has several equal pay lawsuits on its website, allowing you to explore cases that align with your circumstances. You can also sign up for updates to stay informed about new group actions relevant to you and your colleagues.
2. Checking eligibility and gathering evidence
Join the Claim offers a quick online checker to see if you qualify for a gender pay gap group litigation claim. If eligible, you’ll be asked if you’d like to connect with the law firm managing the case. Once signed up, legal experts will help you build a strong claim. To do this, they may ask for further evidence to support your case.
Evidence in gender pay gap group litigation may include:.
- Pay records and contracts: Documents showing wage differences for employees in similar roles (e.g. payslips and employment contracts).
- Policies and practices: Records of company pay policies, promotion practices, and performance evaluations.
- Employee testimonials: Statements from employees sharing their experiences with pay disparities, including how these disparities have impacted their career growth and financial wellbeing.
By pooling evidence, lawyers will build a robust case that clearly shows wage inequalities and strengthens the argument for fair compensation.
3. Pursuing the claim
With evidence and legal support in place, the case moves forward. In many group litigation cases, employers may prefer to settle rather than face a prolonged court battle, especially when a large group of employees presents a united front. Settlements often lead to compensation for the affected staff and, in some cases, agreements for future wage adjustments or policy changes within the organisation.
If the case goes to court, a judge will determine the outcome based on the presented evidence, potentially awarding compensation and mandating corrective actions to address the wage disparities.
Key benefits of group litigation for victims of pay disparity
By pursuing justice collectively, employees can demonstrate that gender pay gap cases are not isolated incidents. Here are some of the key benefits of pursuing a collective claim:
1. Increased visibility and attention to wage issues
Gender pay gaps often go unnoticed or unaddressed, particularly when individual employees feel unable to speak up. However, group litigation draws public attention to wage issues, raising awareness of gender pay gaps within a company. The visibility created by a group claim can also encourage other companies to assess their own practices or risk expensive litigation and reputational damage.
2. Stronger bargaining power
Individually, employees may lack the resources or influence to negotiate with large employers. Group litigation creates a united front that employers are more likely to take seriously. Companies face greater reputational and financial risks with multiple employees standing together, making them more inclined to negotiate and settle the case favourably.
3. Potential for systemic change within organisations
Group litigation can push companies to implement changes that go beyond compensating affected employees. Cases often lead to reviews of company policies, adjustments to pay structures, and the development of fairer practices that prevent future disparities.
4. Affordable legal costs
Litigation can be expensive, but when employees join together, they share the legal costs, making it more affordable for everyone involved. Even better, many gender pay gap group litigation cases are run on a no-win, no-fee basis. This lets employees pursue justice without the risk of unaffordable legal costs – with lawyers only paid if the case is successful.
Recent cases of gender pay gap group litigation
Several high-profile gender pay gap group litigation cases are demonstrating the power of collective action and its impact on organisational change. Here are some examples:
Asda equal pay claim
In one of the largest gender pay gap claims in the UK, thousands of Asda employees filed a group litigation case.
- The claim involves predominantly female shop floor staff who earn less than their largely male distribution centre colleagues – despite the jobs being of similar value.
- Asda’s alleged unequal pay practices have sparked outrage as distribution centre employees get up to £3 more per hour than store workers.
- Affected Asda employees could be owed thousands in compensation.
- Men and women working on Asda shop floors could have a claim.
The case has already reached the UK Supreme Court, which ruled in favour of the employees, allowing the claim to proceed to the next stage. While final compensation has yet to be awarded, the case has already inspired similar claims. Other supermarket equal pay claims are ongoing against Tesco, Morrisons, the Co-op, and Sainsbury’s.
BBC gender pay gap cases
In 2017, BBC employees highlighted significant gender pay disparities within the organisation, leading to public outcry and litigation. Female journalists and broadcasters, including high-profile figures, claimed they were paid less than their male counterparts performing similar roles. The scandal garnered widespread media coverage, adding pressure for the BBC to address its pay practices.
The case led to broader discussions about wage transparency in the media industry and inspired other organisations to review their pay structures. The BBC’s commitment to addressing gender pay disparities has set an example for other companies in the media industry to prioritise pay equality.
Glasgow Council equal pay claim
The Glasgow Council equal pay action is one of the most significant gender pay gap cases in the UK, impacting thousands of female council employees and resulting in a historic settlement.
The council’s pay scheme, introduced to address equal pay, inadvertently created new disparities by categorising jobs in ways that often undervalued female-dominated positions. For over a decade, women employed in roles such as cleaning, catering, and care work argued they were paid significantly less than their male counterparts in jobs of similar value, such as refuse collection and gardening.
Multiple legal battles ensued, with unions and lawyers pressing Glasgow City Council to address the systemic pay disparity. In 2018, after years of negotiations and mounting public and media pressure, the council finally agreed to settle the claims for an estimated £500 million in compensation. This is one of the largest equal pay settlements in the UK.
Next equal pay claim
Over 3,500 current and former Next employees won a huge battle in their fight for equal pay.
An employment tribunal ruled that Next store staff should have been paid the same rate as Next warehouse employees. As a result of the ruling, the underpaid workers – who are predominantly women – could now be due more than £30 million in backpay.
While Next said it will appeal the decision, this is a big win for affected shop workers. Legal experts believe the ruling is also good news for supermarket employees across the UK fighting similar claims for equal pay.
Group litigation as a pathway to wage equity
The gender pay gap remains a real and challenging issue. By uniting employees with similar claims, group litigation amplifies the voices of those affected, making it harder for companies to ignore or dismiss wage disparities.
If you’ve been affected by the gender pay gap, group litigation could be the best way to get justice and equality. Check your eligibility for these gender pay gap group litigation actions:
Together, we can take a stand against wage disparity and push for a future where equal work truly means equal pay.
