1.     It’s only about women having a moan. Well no! Actually it’s not. I have found so many instances of men working in a predominately female environment, who are on lower pay than their female colleagues. Sometimes its justified, there’s a business case not related to his gender. Sometimes it’s not and I hear disparaging remarks being made. This is not a one-way train. Equal pay works in both directions.
 

2.     It doesn’t matter if the salary is different, so long as the total package is the same. This is one I hear frequently. But in reality the legislation looks at each individual element that make up the pay package. So, using your bonus scheme or maybe a company car allowance, as a way of keeping the package equal might be a good thing on the face of it, but it wont necessarily stand up in court.
 

3.     They’ve just got that much more experience. Ok, what exactly do you mean? If you mean that they have significant experience in the job that enables them to do it more effectively, then you can potentially justify it. But, if what you're really saying is that they’ve been with you longer, or they’re older, or any other slightly more spurious reasoning, then you are probably on dodgy ground. Experience has to be relevant. I see a lot of cases where the experience is more about time served than learning opportunities. If you cannot articulate how experience makes the difference in tangible ways, you are probably on dodgy ground.
 

4.     We had market data to support the difference. Market data is very important for business casing differences in pay. However, it is a self-limiting factor. A difference that was justified 3 or 4 years ago may not be quite so relevant now. Market data only really works as an argument if you revisit it regularly. So keep track of the data, update it regularly, monitor the gap, try and close it down. As @Luke Menzies would say “it’s an evaporating defence” and you don’t want to get caught out because you haven’t been keeping up with your market research.
 

5.     We had to pay more because we appointed them externally and they were on so much more in their previous role. So, if they are worth it, how come the staff who have been with you through thick and thin, who have supported the business and helped it grow, are not? As with the case above, you might be able to swing this for a year or so, but the argument will wear thin very quickly.

6.     Women don’t ask for pay rises. Well, if only that were the case. I can point you to many women I have met over the years who have worked hard to business case their pay rise and been fobbed off.  Everything from “we missed our chance this pay review, I’ll try again in a year”, to “we don’t really have the budget, time’s are hard right now”. The worst response, the one that makes me really angry is “you’re only questioning this because you work in HR/payroll (or some other team where you are privy to the information”. No, they’re questioning it because it’s wrong – plain and simple.   Honestly, if you don’t rate them for some reason tell them why in a grown up conversation – otherwise put your money where your mouth is.

7.     We can't afford to close that gap.  Maybe not, but you can afford to start working on it, to start dealing with the problem.  Do nothing will land you in more trouble than taking baby steps and doing what is affordable.  Do nothing and end up in court with the attendant costs, the reputational hit and the additional workload and it will have cost you more - 6 years of back pay to make up!! on top of everything else.  Women are generally reasonable creatures (back to why you get away with the excuses in 6.) and working to close the gap is a positive step.  No one wants their company to go broke solving the problem.  We just want you to make a good start.

So if these resonate with you, maybe its time to start making a difference in your business.