Any tribunal claim for discrimination, constructive dismissal and/or a breach of the equal pay provisions of the Equality Act would ordinarily only be issued after that.”. ‘I would always advise you to go into the conversation more based around the value you personally bring to the business,’ David explained. Over time, I realise, through casual conversation and information that was offered to me by several colleagues, that several colleagues are being paid at the higher end of the scale. Well, under the Equality Act 2010 it is actually illegal for businesses to stop employees discussing pay with each other. ‘Then, failing that, you can take them to an employment tribunal.’. Unlike the gender pay gap (which is a separate, albeit related issue), equal pay is already enshrined in law, and has been for almost half a century – since the Equal Pay Act was first passed in 1970. Home; ... explains what you can do if you suspect you’re being paid less than a male colleague. I keep reading about the gender pay gap but I don’t understand how people know if it’s affecting them. Emma added that a man doesn’t have to be doing exactly the same job as you for you to be able to use his salary as a comparison – and that you can use this man’s salary as a comparison both when making your complaint internally, and if you take legal action. What is the gender pay gap and how is it different from equal pay? David Clift, HR director at TotalJobs, told Metro.co.uk that the best way to do this is to collect both evidence that you’re being underpaid compared to the general industry benchmark for your role, as well as your salary compared to those of your male colleagues within the company. “Because you are inherently comparing yourself with others, early on much of the evidence will be in the hands of your employer and not you, so don’t be deterred from exploring things further with an adviser just because you don’t have a ‘smoking gun’ at that time.”. If they don’t, it will work in your favour later on, especially if the information they’ve given is found to be evasive, inaccurate or untrue, says Hodge. This means that the meeting will require some thorough preparation, and tact, on your part. However, for many employees taking legal action doesn’t really feel like an option. You can then bring up comparisons with your colleagues at that point if you wish to. But women can and should ask their employer to explain why they are being paid less.”. In fact, my qualifications are higher than those of several of my colleagues doing the EXACT same job. Any tribunal claim for discrimination, constructive dismissal and/or a breach of the equal pay provisions of the Equality Act would ordinarily only be issued after that.”, Hodge says that by this point you definitely want to have legal advice from a solicitor who specialises in employment matters. Sophie Walker, chief executive of the Young Women’s Trust, a charity supporting women aged 18-30, said: “Sadly we know [unequal pay] is all too common and it can be daunting for women to challenge their employer, especially if they are worried that this will be held against them. So it’s really important for us to take this kind of thing seriously.’. {{#verifyErrors}} {{message}} {{/verifyErrors}} {{^verifyErrors}} {{message}} {{/verifyErrors}}, How to find out if you’re being paid less. “But if you don’t have any, the employer will be under a duty to disclose relevant evidence during the litigation (including evidence which is unhelpful to it).”, Hodge says evidence can be gathered by asking the right questions during your initial meetings with your employer. In general though, it’s tricky. In this case, she hasn’t got anybody that she can really compare her role to. So, are you being paid less than your male colleagues? The first thing to do is to look for what’s called a “comparator” – the person who you are going to point to and say, “That man does the same sort of work that I do, and he gets paid more than me”. David added that, although it may not feel like it, companies are taking these kind of complaints a lot more seriously these days, as they are increasingly being held accountable for both illegal and legal gender pay disparities. Lloyds paid Black staff almost 20% less than colleagues 'We recognise that specific groups face difficult and often nuanced challenges in being themselves at work' Antonio Horta-Osorio, chief executive officer of Lloyds Banking Group said the pay gap report is a good start but the banks still has a long way to go to. Under the Equality Act 2010 (the Act), employers must give men and women equal treatment in the terms and conditions of their employment contract. So for example, if you were a cashier in a supermarket, your job would primarily involve scanning barcodes. A female manager who was paid £7,680 a year less than a male colleague, despite doing the same job, last week (25 January) won more than £12,000 in compensation from her former employer. ‘Then, once you’ve established that you’re already underpaid, you can further highlight the pay disparity by saying that you’ve also found out that there’s a male colleague, or there are male colleagues, who you believe are already earning the correct rate. So put aside the temptation to keep quiet for an easy life, and figure out how you’re going to deal with this injustice head-on. Sakrouge says: “It would be better not to discuss it with colleagues generally. I work at a call centre and someone told me the male managers earn more than … However, regardless of the course of action you eventually end up taking, it’s a good idea not to burn your bridges too quickly. I was a CEO, loved my role and the company, but I felt undervalued when … While it may be awkward, there is technically nothing to stop you taking legal action while you’re still at the company. Due to the sheer scale of this comment community, we are not able to give each post the same level of attention, but we have preserved this area in the interests of open debate. You can find our Community Guidelines in full here. One thing that may make you hesitant to even bring a complaint to your employer is a ban on discussing salaries in your workplace. ‘You should also ideally go in with your personal performance review. The report shows that, based on full-time equivalent pay, female doctors in hospitals in England are paid nearly 19 per cent less than their male counterparts, female GPs are paid 15.3 per cent less and clinical academics almost 12 per cent less. It allows our most engaged readers to debate the big issues, share their own experiences, discuss real-world solutions, and more. ‘Now you could compare that to a man who, for example, works in warehousing – most of the time the pallets will come off the lorry, he’ll scan them and send them to the correct part of the warehouse. However, imagine her boss comes in one day and says “oh we’re so pleased to have you, if we had a man we’d have to pay him twice as much!” Now that becomes direct discrimination. No matter how much you love your job, there’s nothing quite as galling as finding out that your male colleagues are earning more than you for doing the same job. Are there steps to take to ensure you stand the best chance of having your complaint taken seriously? And not only is this totally unfair – it’s illegal. Employers cannot legally stop anyone discussing pay, and they cannot legally have clauses in employee contracts that stop workers from talking about pay with each other. Along with salary figures, firms have been required to disclose the differences in bonuses paid to men and to women. It’s fairly routine, but every now and then there may be a problem – something might be mislabelled, or you have to identify something that doesn’t have a code. ... the team surveyed 4,000 UK workers. Are there other opportunities for you elsewhere that would enable you to play hardball, or would you rather not burn any bridges? Following these steps will be beneficial if you later decide to take your case to an employment tribunal, particularly because your employer has an obligation to engage with this process. So, this means that your bonuses, pension contributions and holiday entitlement, for example, should also be equal. Anthony Sakrouge, partner at Russell-Cooke solicitors, agrees that the process often starts with a simple conversation: “You could ask the employee in question, but he or she will not be under any obligation to answer. Women who are in the workforce are also less likely to be paid the same as their male colleagues for equivalent work … You may not be in a position to leave your job – and nothing makes the office feel quite as awkward as suing your boss. What discrimination is. A poll of 4,000 staff by YouGov for … Emma Stuart-King, a barrister from One Pump Court chambers, agreed that employees should initially try and bring up the unequal pay with their employer directly before getting lawyers involved – but if it does come to it, the law is on their side. ‘But it’s not always that easy – so there are provisions in the law to have your comparator be somebody who does like-work. latest news, feel-good stories, analysis and more, Boris Johnson announces surprise press conference at 5pm today, Schools to find out when they can start reopening ‘within days’, Pregnant women warned not to take Moderna Covid vaccine, Covid survivors ‘left with neurological effects like stutters and psychosis’, salary checker tool on the TotalJobs website. In 2020 this falls on 20 November. Unlike the gender pay gap (which is a separate, albeit related issue), equal pay is already enshrined in law, and has been for almost half a century – since the Equal Pay … More than a dozen ethnic minority academics from UK universities have come forward with allegations of unlawfully being paid less than white colleagues with similar or lesser jobs. ‘However there are some exceptions to that – for example, if somehow the unequal pay has been concealed and you wouldn’t have had any way of knowing about it, and you then find out about a year or so down the line, then you have six months from the point at which you discover that you’ve been paid unequally.’, She added: ‘If the tribunal finds in your favour, they can award you a sum that is equivalent to six years of your missed pay – and you get that as a lump sum of compensation from your employer.’. “The early stages cannot be underestimated,” he says. Susskind says you might also want to seek legal advice at this point to ensure the person you are using for comparison does meet that definition under the Equality Act 2010. Anthony Thake, … An audit in London found BAME staff being paid up to 37% less on ... on £3.2bn a year in wages compared to white colleagues doing the ... employees were paid 21% less per hour than … Vindication? LGBT+ employees take home an average £6,703 less per year than their straight colleagues in the UK, a survey suggests. This makes it a lot easier to go in armed with a benchmark, so you can say to your employer that a top quartile performer in your role earns ‘x’ and that you earn significantly below that, despite your performance review showing that you’re also in the top quartile. This is something that can be done internally by the company, where they look at all the roles that a company has and try to identify what level of responsibility they have, what level of decision making and what level of supervision they’ve got over them, and then give each role a numerical rating – which is usually sorted into bands. There are reasons you might be paid a different salary than your colleague in the next cubicle, and your talent might not be one of them. There are calls for immediate action after a review found that male doctors are still being paid more than their female colleagues. But for this argument you have to have something concrete that you can point to and say, “I believe that if I were a man – or if I were white – that I’d be paid more in this role”.’, Notorious 'Essex Boys' gangland killer to be released from prison, Dad designs bikini line for transgender teenagers inspired by his daughter, Covid-denier live-streams himself licking a cash machine, Inside influencer Xenia Tchoumi's £5,500-a-month west London apartment. Are there steps to take to ensure you stand the best chance of having your complaint taken seriously? If you are not being paid equally, your employer is breaking the law. And it didn’t end there: BBC presenter Samira Ahmed also won her equal pay case against the broadcaster. Ethnicity […] The survey – which is now in its third year – is based on responses from 2,743 UK engineers working across a range of different sectors. In escalating an equal pay claim that might irk your employer, do you need to be prepared to be dismissed from your job or be forced to leave? But every now and then he has to solve a problem with the labels, or something like that. Average pay and bonuses for black employees at Lloyds Banking Group are significantly lower than what their white colleagues receive, new ethnicity pay gap data voluntarily published by the organisation has revealed. I … You’ll probably be mad as hell – and you’d be perfectly within your rights. Equal pay doesn’t only apply to the salary you receive. Are you sure you want to mark this comment as inappropriate? The right to equal pay applies to women and men but it’s more common for women to be paid less than men for equal … This loophole allowed employers to pay agency workers less than permanent colleagues. Found that male doctors are still being paid less, what can you about. 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