The Early Childhood Council says the legal action against the Government over its Pay Parity policy is about taking a stand.

Pay Parity aims to close the gap between teachers in education and care centres and those in kindergartens, but the council says it's making older, often female, teachers with more experience unaffordable, forcing providers to put up parent fees.

The council claims it breaches the right to freedom from discrimination for those teachers.

CEO Simon Laube told Mike Hosking that the ministry has an advisory group that it's been working with for about a year.

But he says the claims they've been raising seem to have been ignored.

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• Early Childhood NZ CEO: Early childhood education needs to be an affordable choice
• ECC says new pay parity system is unsustainable, extra costs passed onto the parents
• Concern about fee increases as ECE pay parity funding falls short for some