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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Direct report makes more than me

120 replies

houwseevryweekend · 17/07/2024 05:25

Me and my direct report both started in at the same time for the company - we were doing the same role, both the same grade, same skills, same job, same department.

Company then made our role redundant and split the job grade into 2 different roles - with one role managing the other. We both had to interview for the role we wanted, both went for the line manager role - I got it, he didn't so I became his manager.

We've now had our salary review and because I'm his boss, noticed that not only did he get a higher % salary increase than me, his total salary is 4k higher than mine! I've spoken to my boss who hadn't realised (we're a big team) but tried to explain it saying that because he started on a higher salary than me, and they gave him a higher pay rise (to make up not getting the promotion...) - his base is now more than mine. She was non committal about resolving it. Just said to leave it with her.

What's worse is I'm also responsible for hiring more people at my grade and because they're external, they're all at a higher pay. Which pisses me off too but I understand externals get more.

However, AIBU to expect to be paid more than the person I'm managing if we both interviewed for the role and I have more budget and responsibilities and a much bigger team?

Just wondering what my options are: can HR do something like this? Feels like a pretty big issue but I don't know enough whether it's also a legal issue?

OP posts:
Ninahaen · 18/07/2024 10:31

C1N1C · 18/07/2024 07:32

Four options... you're not as good as you think, they're way better than you think (I.e. your position is in danger), you were crap at negotiating salary, they were excellent at negotiating salary.

No. It’s that often men ask for more as they have a higher opinion of themselves. Women are penalised for asking for more (perceived as greedy, pushy etc)

@houwseevryweekend I’m sure it’s been mentioned upthread. But contact ACAS. If this isn’t resolved within a few months with back pay: get your cv polished and get applying for new jobs

Ninahaen · 18/07/2024 10:28

YellowAsteroid · 18/07/2024 06:57

Oh this is very typical of the way the sex pay gap happens.

There is research that suggests that men are rewarded for asking for more salary - it’s expected that they will. Whereas women are not expected to negotiate salary upwards and when they do, they are punished for it - because they are contradicting sex-based stereotypes of femininity.

TL:DR - women get screwed either way.

Yes. This.

AttackMeleys · 18/07/2024 10:22

I clicked on this thread to confirm my wild guess that you are a woman and your report is a man...

I hope you get this resolved op.

GnomeDePlume · 18/07/2024 10:19

C1N1C · 18/07/2024 07:32

Four options... you're not as good as you think, they're way better than you think (I.e. your position is in danger), you were crap at negotiating salary, they were excellent at negotiating salary.

I don't think it as simple as 'crap' or 'excellent' at salary negotiation.

For men negotiating, they will often find that the door they are pushing at is opened far more readily than it is for women.

Women negotiating will find they are considered 'pushy', 'difficult', 'antagonistic' etc. Anything other than meekly accepting terms offered will be perceived as negative.

Often the only recourse is to leave. This can have upsides as you are recalibrating to tge market each time. The downside is the loss of any job security.

C1N1C · 18/07/2024 07:32

Four options... you're not as good as you think, they're way better than you think (I.e. your position is in danger), you were crap at negotiating salary, they were excellent at negotiating salary.

AllThePotatoesAreSinging · 18/07/2024 07:31

I would expect any increase to be backdated too.

AllThePotatoesAreSinging · 18/07/2024 07:24

houwseevryweekend · 17/07/2024 07:07

Thank you for clarifying this. I thought it might be the case and my boss is hiding behind HR.

I work in HR and we absolutely decide what pay someone gets. We have pay bands and manager these as well as any retention payments. Managers can request but we have to approve it and part of that is looking at what the rest of the team are paid in order to prevent situations like this.

I would ask HR to review it on the grounds of equal pay. Your male direct report is earning more than you and his salary was increased to more than yours at the time you were made his manager. It might be a similar role with the same tasks and skills but it’s not the same job as you are his manager. It’s poor practice and asking for an equal pay claim.

There’s no need to go all guns blazing either way. I would definitely lodge a grievance if your request is rejected though as well as getting legal advice in that situation.

Turnthelightoff · 18/07/2024 07:24

One easy way to frame it might be that you’ll apply for one of the vacancies then, to a more junior role to get more ££ because that’s what they seem to be saying can happen. Perhaps the absurdity of that could spark some action.

LadyFeatheringt0n · 18/07/2024 07:19

It gets difficult if he is on above market pay and was recruited in a better market - but when thats the case payrises are usually suspended until the pay falls in real terms in line with market and it doesnt sound like they are doing that.

I wouldn't put up with it. I'd calmly explain (preferably with references to market pay for my own role) that i wasn't happy with the pay and would be seeking opportunities elsewhere if it couldn't be resolved.

This is why pay secrecy is a problem. Men nearly always demand higher pay and are often given it (especially where they were higher paid in a previous role)

BarryCantSwim · 18/07/2024 07:10

I have seen legit cases where direct reports get paid more; usually because it’s a niche skillset or something.

In this case what you’re describing sounds a lot like unconscious (or otherwise) sex discrimination.

YellowAsteroid · 18/07/2024 06:57

Oh this is very typical of the way the sex pay gap happens.

There is research that suggests that men are rewarded for asking for more salary - it’s expected that they will. Whereas women are not expected to negotiate salary upwards and when they do, they are punished for it - because they are contradicting sex-based stereotypes of femininity.

TL:DR - women get screwed either way.

SweetFemaleAttitude · 18/07/2024 04:56

Just raise a grievance!! Stop all this fannying about.

BeethovenNinth · 18/07/2024 04:48

Before you jump in, let your line manager try to rectify this before going to HR. She has said “leave it with me” so give her the chance to sort. It’s appalling BTW - women are paid less than men for the same work (and this isn’t even the same work!!)

ClairDeLaLune · 18/07/2024 04:45

The patriarchy is alive and well.

WhereAreWeNow · 17/07/2024 14:06

You sound really switched on @houwseevryweekend
All the points you've raised are valid. I think at the very least your employer needs to review its pay award system so this kind of anomaly is avoided in future. I do think you have an equal pay claim. Speak to Acas.

MrHarleyQuin · 17/07/2024 10:34

I would demand a pay rise and leave if I didn't get one.

SeasickAccountant · 17/07/2024 10:31

To you and any other woman in this situation - please read "Lean In" by Cheryl Sandberg before you decide on your options. I can't bear Cheryl Sandberg or what she stands for either, but the book is essential reading for any woman in the corporate world. Very, very helpful.

GnomeDePlume · 17/07/2024 10:23

@LordEmsworth isn't the burden of proof fairly light for OP?

If the only differences between her and her colleague is that she is female and non white and her colleague is male and white then the ball goes to the employer to prove there wasnt discrimination.

Employers are shit but you do often find that the 'normal' way is based on a bedrock of discriminatory attitudes some of which can be waved away (don't like redheads, certain accents, people from a particular part of town) but others can't such as race, sex, disability.

Companies should be held to account.

ChristmasFluff · 17/07/2024 10:19

It is absolutely sex discrimination, and even if that easn't their intention, this is certainly something you can use to get things corrected.

"The Equality Act 2010 makes it unlawful for employers to discriminate between men and women in relation to their pay and other terms of remuneration in their contract of employment, where they are doing the same or similar work."

"Your employer could be liable for a direct discrimination claim even if there was no intention to discriminate against you."

He is a man and he is being paid more than you for work of equal (or less) value. Once this has been brought to their attention, if they don't rectify it, you have a case and I'd be seeking legal advice - and letting the commpany know this.

Loads of companies try to wheedle out of sex discrimination using justifications - but how often is it that women are paid more than men? Rare to never. Funny, that.

CutthroatDruTheViolent · 17/07/2024 10:00

I think I would speak to ACAS and get their thoughts on it. It sounds like lunacy to me - who awards a better payrise and bonus as a consolation prize for not getting a position?! Mental.

Ivehearditbothways · 17/07/2024 09:59

OP, you’re very good at exposing on here and communicating the issue so I hope you’ll be the same with your employer. Do not let this drop and don’t accept anything less than a bump which takes you 5 or 10% over his pay (or whatever the difference is between other direct reports and their managers) and include back pay from the time of the promotion. Really don’t let it drop, be forceful in a professional manner and mention the buzz words of discrimination under the equality act and start CCing HR into your emails.

Don’t back down.

LordEmsworth · 17/07/2024 09:46

sashh · 17/07/2024 09:13

When you have stopped shouting, jumping up and down and making ugly crying faces.

A man and a woman, as in your example, doing the same job and getting the same pay is not sex discrimination.

But the situation the OP describes isn't that.

Two people start at a company doing the same job. The woman is paid less than the man.

Both go for a promotion, the woman gets a promotion, with I expect, a pay rise, but that is still less than the man.

The man who is now her junior not only gets more pay he gets and even bigger pay rise.

Why is he paid more for doing the same job?

Why, when the woman is promoted above hom does he get even more money?

I'm not making ugly crying faces. I am rolling my eyes at people not actually helping the OP.

It is fine, legally, for one person to be paid more than someone else, for doing the same or a junior role.

It is not fine if that is the result of discrimination. But the OP would have to prove discrimination. Where is your evidence for shouting and yelling about discrimination? Where should the OP start? Because going to HR and saying, this is discrimination, is likely to be a painful and unsuccessful route, unless there are any indications that there is discrimination and not just poor management.

It is impossible to conclude, based on what the OP has said, that there is discrimination at play. You will be shocked - shocked! - to hear that sometimes companies are just shit in a normal way, not in a discriminatory way.

Bjorkdidit · 17/07/2024 09:14

I don't think how the pay differential has been arrived at is important.

The fact that you can compare yourself with him in terms of your work being comparable and of at least equal worth to the company is sufficient for you to be paid at least the same, but likely more, due to the line management responsibility in addition to the comparable technical role.

sashh · 17/07/2024 09:13

LordEmsworth · 17/07/2024 08:50

Where is the evidence of sex discrimination?

In the past, I moved into a team where 2 of the managers were paid less than some of their direct reports. One was a woman with men reporting in to her, the other was a man with women reporting in to him. The two managers were paid the same as each other. Are you genuinely telling me that this must have been sex discrimination for one but not the other? Or was it somehow sex discrimination on both sides?

Jumping to a conclusion of "IT'S BECAUSE YOU'RE A WOMAN!!!" is unlikely to be helpful for the OP. Raising a grievance on the basis of sex discrimination, without having any evidence to support it other than "he has a penis and I have a vagina", is not likely to be constructive.

Presumably the external hires the OP is hiring, at a more junior level, are not all men? That's enough to entirely undermine any grievance based on discrimination. The OP is presumably hiring women and offering them more money than she's on. If she's only hiring men then there clearly is a wider problem...

The OP would be better off focussing on herself and demonstrating why the company should pay her more unless there is actual evidence of discrimination.

When you have stopped shouting, jumping up and down and making ugly crying faces.

A man and a woman, as in your example, doing the same job and getting the same pay is not sex discrimination.

But the situation the OP describes isn't that.

Two people start at a company doing the same job. The woman is paid less than the man.

Both go for a promotion, the woman gets a promotion, with I expect, a pay rise, but that is still less than the man.

The man who is now her junior not only gets more pay he gets and even bigger pay rise.

Why is he paid more for doing the same job?

Why, when the woman is promoted above hom does he get even more money?

houwseevryweekend · 17/07/2024 09:10

I think to people saying it isn't sex discrimination - it is discrimination of some sort. Because we are a merit based pay organisation. All our objectives and annual pay and bonuses are linked to performance only - this is an HR policy. We are all peer reviewed to make it fair. If someone (man or woman) is getting paid more for not performing as well as the other - it isn't merit based anymore. It's also discriminatory because it means that short of going back in time and renegotiating my initial contract I will never be able to match this person's pay - even though I am apparently so good at my job I was promoted over him. He will always have an advantage for reasons not based on merit or anything in our objectives.

Whoever has created such a situation where I am on lower pay in a role on the same contractual terms and conditions as him, with additional responsibilities, and have demonstrated superior performance at a specific assessment for a higher paid role, is discriminating against me in some legal capacity. Could be sex, or race (I'm not white).. Just because another man is paid less than this man or another woman is paid more than this man - doesn't change my specific circumstance. I'm not fighting the company's pay review of women as a whole, but my particular case. They can discriminate against me even if they haven't done it to anyone else. And of course I will never know if they are discriminating against others who have lodged grievances. So how they treat others is not on me to prove when I have evidence that my specific pay is not merit based and in fact puts me at a disadvantage to him for no reason.

OP posts: