If an equal value claim is successful, the period of time over which arrears of payment can be claimed. Currently, a maximum of 6 years prior to the date the claim was lodged in England and Wales, 5 years in Scotland.

In addition payment may be due for the period from the date the claim was lodged to the date the claim was settled. The actual amounts due from either type of backdating, is dependent on the facts of each case. For instance, it may be that a Claimant, a Comparator, or both, were not employed by the Respondent for the full 6 years prior to the claim beinglodged.

See: Reference Period.

Backdating