By Laura Weston MCIPD | 5 minute read
Next Generation. Asda. Tesco. Three of the biggest pay claims in UK history, all of them ended up the same way. An organisation that thought its pay was fair found out it wasn’t, the hard way.
You might not be a national retailer, but the legal test is the same. If two people are doing work of equal value for your business and they’re paid differently, you’ve got a problem.
Most SME owners don’t see themselves as being in the equal pay firing line. The reality is a lot more of them are.
Key facts at a glance
- The National Living Wage increased to £12.21 per hour for workers aged 21 and over from April 2026. Employers must make sure payroll reflects this.
- Holiday pay for workers on variable or irregular hours must be calculated using the 52-week average earnings method from April 2026.
- HMRC can investigate employers who are underpaying workers and can name and publicly shame non-compliant businesses.
- Most underpayment is unintentional. The most common cause is outdated payroll systems or incorrect calculations of holiday pay for part-time staff.
The quiet cost of getting pay wrong
A single tribunal claim for unequal pay can run into tens of thousands before you add legal fees, management time and the hit to your employer brand. And those are just the quick ones. The retail cases have shown how long pay disputes can drag on.
The cost you notice sooner is the one that shows up on your team. When people feel pay is unfair, they stop going the extra mile. They start looking elsewhere. They tell their friends not to apply.
What fair pay actually means
Fair pay isn’t about paying everyone the same. It’s about being able to explain, clearly and honestly, why people in your organisation earn what they earn.
Two tools do most of the heavy lifting. Job evaluation looks inside your business and asks how much each role is worth relative to the others. Market pricing looks outside and benchmarks similar roles in your sector and region.
Used together, they give you a pay structure you can defend. To your employees, to a tribunal, and to yourself.