Search

How can we help?

Icon

You can’t defend an equal pay claim with assumptions and assertions

In a judgment released today, Samira Ahmed has won her equal pay claim against the BBC. Her fee for presenting Newswatch was more than six times lower than Jeremy Vine’s fee for presenting Points Of View.

The BBC tried to rely on the fact that Points Of View has a light-hearted tone and requires a certain “glint in the eye” but the tribunal raised more than an eyebrow at this, asking: “How does one acquire such a skill?” It noted that both presenters read scripts from an autocue and found that Jeremy Vine read the script “in the tone in which it was written. If it told him to roll his eyes, he did. It did not require any particular skill or experience to do that.”

The BBC did not appear to put forward any factual case as to why Points of View presenters should be paid more, other than referring to it being long-standing and having had high-profile presenters in the past. On the facts, during Samira Ahmed’s tenure the viewing figures for Newswatch overtook the figures for Points Of View.

The employment tribunal found that the work of presenting the two programmes is the same or broadly similar and that any differences that exist are not of practical importance, meaning that it is “like work” as defined in equal pay law.

Samira Ahmed has won her equal pay claim against the BBC.

If a man and woman are doing like work and are not being paid equally, it is for the employer to prove that the reason for the difference in pay is not due to the difference in gender.

The BBC did not persuade the tribunal that it had even put its mind to the reason why Jeremy Vine was paid £3,000 per episode. The BBC will now have to pay Samira Ahmed the shortfall in pay for 2012 to 2018, which will amount to a six-figure sum.

While the BBC may well appeal, it is important to understand that appeals do not rehear the witness evidence or make fresh findings of fact, unless the original findings of fact were perverse.

The lesson from this case is that making pay decisions without scrutiny or an objective basis is highly risky. For advice and guidance in this area, please contact our employment team.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 29 October 2026
  • Immigration

UK Immigration shake-up: More flexibility for skilled workers, but at what cost?

The UK Government has outlined further changes to its immigration system, with new measures affecting international graduates, sponsored workers, and businesses employing overseas talent.

art
  • 28 October 2026
  • Privacy and Data Protection

Remote working: 5 key data protection risks for employers

Remote working has become more prominent in modern business. While flexible working arrangements can improve productivity and employee wellbeing, they also create new data protection risks. Regardless of the physical location in which work is done, compliance with UK GDPR does not change.

art
  • 27 October 2026
  • Employment

Fire and Rehire update: Key changes delayed

The Government has published two documents giving key updates to the anticipated changes around ‘fire and rehire’ and restricted contractual variations, coming about as a result of the Employment Rights Act 2025 (“ERA 2025”). We now understand that these changes will now be delayed to March, rather than January 2027.

art
  • 26 October 2026
  • Corporate and M&A

Shareholders’ Agreements for Founders and Investors – SHA Series Part 3 of 5

A shareholders’ agreement is arguably one of the most valuable corporate governance agreements (along with articles of association) in any private UK company with more than one shareholder.

art
  • 23 October 2026
  • Litigation and dispute resolution

Section 172 Companies Act 2006: Key lessons from Saxon Woods v Costa

The Supreme Court’s decision in Saxon Woods v Costa UKSC 21 clarifies directors’ duties under Section 172 Companies Act 2006, confirming that good faith requires both honest belief and appropriate conduct.

art
  • 19 October 2026
  • Immigration

Right to Work Checks: Are UK businesses becoming immigration enforcement officers?

The UK’s Right to Work regime has undergone a significant expansion, with changes taking effect from 1 October 2026.