Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Equal Pay definition

What does Equal Pay mean? Equal pay describes the right of an employee to the same pay and contractual terms as an opposite‑sex comparator where their work is equal. In Great Britain, this operates as “equality of terms” under the Equality Act 2010, which implies a sex equality clause into every contract to level up any less favourable term. It covers salary, bonuses, overtime, holiday, benefits in kind and, via a sex equality rule, occupational pension schemes. Work is “equal” where it is: (i) like work; (ii) rated as equivalent under a valid job evaluation scheme; or (iii) of equal value in terms of...

Pregnancy and maternity equal pay under the Equality Act 2010: maternity equality clause, no comparator, protected period, pay rises, bonuses, timing, pensions and post‑leave pay

Published by a LexisNexis Employment expert

Practice notes

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This Practice Note considers how Equal Pay (equality of terms) applies to women who are pregnant or on ordinary or additional Maternity leave (OML/AML).

It also examines key elements relevant to pregnancy and maternity within equal pay law, including:

the implied maternity equality clause, covering its impact and the duration of the protected period
the principle that a comparator is unnecessary for pregnancy- and maternity-related equal pay claims
how pay rises, bonuses and pension contributions are handled during maternity leave and on returning to work

A woman away from work on maternity leave occupies a distinct position that merits particular protection, yet is not comparable to a man who is actually working. Consequently, she is not entitled to full pay during maternity leave, notwithstanding the equal pay principle in the Treaty on the Functioning of the European Union. That said, being on maternity leave does not remove all equal pay entitlements for the duration of the absence (see: Effect of maternity equality clause below)...

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Web page updated on 21/05/2026

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