An introduction to equal pay and what it really means for you.
By Katie Ash – Banner Jones
Katie has over 18 years’ experience in dealing with all aspects of HR and employment law matters and is a longstanding member of the Employment Lawyers Association.
Katie acts for both employers and individuals and has a wealth of experience in representing clients before the Employment Tribunal, the Employment Appeal Tribunal, the Court of Appeal and in mediation, including judicial mediation.
Unveiling Pay Fairness: What it Means for You
I recently came across an eye-opening report in People Management magazine, a go-to resource for HR professionals. The report revealed a stark reality: women working full-time are paid less than men in 90% of sectors, with finance and insurance having the biggest gap wih an average pay gap of 19%.
This revelation left me genuinely appalled and prompted me to wonder just how much employers and employees really grasp equal pay and this article is here to provide an introduction to this aspect of fairness in the workplace.
If you’re an employee suspecting you’re paid less than a male colleague for similar work, the first challenge is getting evidence. Employers often keep salaries under wraps, citing “confidentiality” as the reason for doing so. This practice, known as “pay secrecy,”, can, unfortunately, hide pay discrimination against women.
But don’t be disheartened if you think there is a pay gap between you and a male colleague and consider dropping a note to your employer, expressing your concern that there could be a potential pay difference and ask your employer:
- Whether they think that you and your male colleague are doing the same or similar work.
- If they will share details about your male colleague’s pay with you.
- If there is a pay gap, whether they can provide an explanation for pay differences.
If your pay is less than your male colleague’s, your employer can defend any claim of disparity that you may have for equal pay if they can show the difference isn’t because of your gender. Acceptable reasons include past performance, seniority, different work hours, pay scale grades, market forces, and skills shortages.
If you’re an employer reading this article and you receive a request for information from an employee expressing concern about pay disparity, be sure to take the request seriously. If the issue reaches an employment tribunal, your response (or lack of it) will carry significant weight.
Acas offers guidance to employees who are considering questioning their pay, and also offers guidance to employees who receive such requests. They advise that employers respond reasonably to an inquiries they receive about equal pay. They also confirm that whilst employees can make a direct enquiry, they can also use their employer’s grievance procedures or other in-house processes to raise their concerns and seek more information.
Whilst the best outcome for all parties is resolving equal pay concerns internally, it’s not always possible. There is an Employment tribunal process, including claims for equal pay, and these claims provide remedies for women who are able to mount a successful claim that they are paid less than a male comparator. We’ll ’explore the Employment Tribunal process in the next article.
If you’re concerned about your pay and think that you may have an equal pay claim, it’s important to seek legal advice as soon as possible, as Employment Tribunal claims are subject to very short time limits.
