Navigating the Path to Equal Pay: A Guide for Empowered Working Mums
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.
Navigating the Path to Equal Pay
In the dynamic landscape of today’s workforce, the pursuit of equal pay stands as a crucial endeavour for working mothers. While we’ve come a long way since the Equal Pay Act was introduced in 1970, challenges for women to be paid equally still exist, and advocating for equal pay requires both knowledge and strategy. If you’re gearing up for a conversation with your employer about equal pay, this guide is tailored just for you.
Table of Contents
Understanding the Foundation: Equal Pay and the Gender Pay Gap
Equal Pay:
Equal pay is your right to receive the same compensation as your male counterparts for doing the same job or work of equal value. The journey towards equal pay has been marked by milestones, from activism in the late 19th-century to the pivotal Equal Pay Act in 1970 and the more recently the Equality Act of 2010.
Gender Pay Gap:
Distinct from equal pay, the gender pay gap reflects the overall difference in average earnings between men and women across various roles. As of 2021, the UK’s Office for National Statistics reported a gender pay gap of 7.4% for full-time employees.
They are not the same thing so make sure you are clear on this before your start your research.
Your Toolkit for Advocacy
Step 1: Research and Document
Research Salary Benchmarks: Start by researching the average salaries for your role and industry in the UK. Websites like Glassdoor, Payscale, and government salary surveys can provide valuable insights.
Document Achievements: Compile a list of your accomplishments, skills, and contributions to the company. Quantify your achievements wherever possible and note any additional responsibilities you’ve taken on.
Step 2: Know Your Rights
Familiarise Yourself with Legislation: Understand the relevant legislation, particularly the Equality Act 2010, which prohibits pay discrimination based on gender. Knowing your rights will empower you in the conversation.
Step 3: Schedule a Meeting
Choose the Right Time: Request a meeting with your employer at a time when they can give you their full attention. Avoid busy or stressful periods for the business.
Step 4: Prepare for the Meeting
Create a Presentation: Develop a concise presentation summarising your research, achievements, and the average industry salary for your role. Use visuals if necessary.
Practice Your Pitch: Rehearse your key points to ensure a confident and articulate delivery. Anticipate potential questions and prepare responses.
Step 5: What to Say in the Meeting
Start Positively: Begin the conversation on a positive note, expressing your appreciation for the opportunity to discuss your career growth.
Present Your Research: Share your findings on industry salary benchmarks, emphasising how your current compensation compares.
Highlight Achievements: Discuss your achievements and the value you bring to the organisation. Demonstrate how your contributions have positively impacted the company.
Link to Market Value: Connect your skills and experience to the market value for your role, reinforcing your request for equal pay.
Propose Solutions: Be open to discussing potential solutions, such as a salary adjustment, additional benefits, or a performance-based bonus.
Step 6: What Not to Say
Avoid Personal Attacks: Refrain from making personal attacks or becoming overly emotional. Keep the conversation focused on facts and your professional contributions.
Stay Professional: Maintain a professional demeanour, even if the conversation becomes challenging. Stick to the agenda and your prepared points.
Step 7: Follow Up
Send a Follow-Up Email: After the meeting, send a follow-up email summarising the discussion, any agreements reached, and the next steps. This provides a written record of the conversation.
Step 8: Seek Additional Support if Necessary
Internal Resources: If the initial discussion doesn’t yield a resolution, consider seeking support from HR or other internal resources within the company.
External Support: If needed, explore external support from organisations like Banner Jones Solicitors and our specialist legal expert for MMB Magazine contributor, Katie Ash. You can also find guidance and support via Advisory, Conciliation, and Arbitration Service (ACAS).
By following these steps, a working mum can approach the discussion with her employer in a well-prepared and professional manner, increasing the likelihood of a positive outcome.
Common Concerns and Legalities: In order to establish a right to equal pay, you need to identify a “comparator” of the opposite sex who works in the “same employment” and then you need to establish that you and the comparator do “like work” or are employed in jobs that have “equal value” or the jobs have been “rated as equivalent”. All forms of compensation and contractual terms and conditions are covered, not just salary or hourly pay. (Could you add to this bit and any other things that come up you hear from push back from employers that are not correct)
Asking About Colleague Pay: It is not illegal to enquire about what others are paid, and doing so can provide valuable insights into potential pay disparities. The Equality Act 2010 protects your right to access such information.
HR Pushback: If HR cites contractual clauses restricting pay discussions, know that these clauses are unenforceable. The Equality Act 2010 takes precedence, allowing open dialogue about pay without fear of retaliation.
Timeline and Background:
Late 19th Century: The fight for equal pay has roots in the late 19th century when women began advocating for fair wages. Activists like Sarah Grand and Lily Maxwell campaigned for equal pay for equal work.
1960s: The 1960s saw significant developments with the introduction of the UK’s Equal Pay Act in 1970. This landmark legislation aimed to address pay discrimination on the grounds of gender.
1970: The Equal Pay Act of 1970 made it illegal to pay men and women differently for performing the same job. This was a crucial step in establishing the legal framework for equal pay in the UK.
2003: The UK government introduced the Equal Pay (Amendment) Regulations in 2003, extending the scope of the Equal Pay Act to cover contractual pay and benefits.
2010: The Equality Act 2010 replaced and consolidated previous anti-discrimination laws in the UK, strengthening provisions for equal pay and addressing other forms of discrimination.
Recent Statistics:
Gender Pay Gap: According to the UK’s Office for National Statistics (ONS) data in 2021, the gender pay gap for full-time employees was 7.4%, indicating that, on average, women earn 92.6 pence for every pound earned by men. This gap varies across industries and occupations.
Equal Pay: Statistics specific to equal pay cases can vary, as many instances are settled privately. However, in recent years, there has been increased awareness and legal action on equal pay issues. High-profile cases have drawn attention to disparities in various sectors.
Ongoing Challenges:
Despite legislative advancements, challenges persist. Factors contributing to the gender pay gap include occupational segregation, discrimination, and the impact of career interruptions, such as maternity leave.
In summary, the timeline reflects a gradual but evolving recognition of the need for equal pay. The distinction between equal pay and the gender pay gap is crucial, with equal pay focusing on parity for the same job and the gender pay gap addressing overall workforce disparities. While progress has been made, ongoing efforts are necessary to address systemic issues and achieve true gender equality in the workplace.
Conclusion: Empowering the Working Mum
As a working mum, advocating for equal pay is not just about personal gain; it’s about contributing to a fair and inclusive work environment. Armed with knowledge, research, and the conviction of your worth, you’re not just asking for equal pay; you’re fostering a workplace where all talents are recognised and rewarded equitably.
Remember, you’re not alone in this journey. Seek support from internal resources, and if necessary, explore external avenues like the Advisory, Conciliation, and Arbitration Service (ACAS) or specialist legal advice. Your pursuit of equal pay is not just a personal endeavour; it’s a step towards a more equitable future for all working mothers.