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To challenge this informal warning at work?

55 replies

PaperwhiteTheGhost · 11/11/2025 18:47

Short version: manager told me today I'll be receiving an informal warning- a letter- from HR for discussing my salary. I want to challenge this as it as 1- it's illegal to prohibit employees from disclosing their salary and 2- I don't think there is an issue with it either.
However, it is an informal warning that doesn't go on my file and my manager is of the opinion that it's inconsequential and not worth bothering to challenge.
What would you do?

More info if required: I am a registered healthcare professional working for a private company but in the public sector. My role is equivalent of NHS band 6.

My salary is pretty average and works out roughly to what I'd be earning at the top of NHS band 6- I am paid a flat rate salary which is comparable to band 6 NHS salary with shift/antisocial hours allowance and London Weighting added. We don't get any extras aside from planned overtime.

I have only ever mentioned my salary in passing when it has come up in context of general conversation.

As far as im aware, there was no complaint about me, rather another employe asked why they weren't paid as much as me which annoyed the head of department who took it to HR.

OP posts:
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dynamiccactus · 12/11/2025 22:06

PaperwhiteTheGhost · 12/11/2025 22:01

The manager who had to issue the letter confirmed that there is nothing in my contract or in any policy stating that we cannot discuss salary. He said it falls under "professional conduct", which I feel like is really subjective considering that I don't personally think that it is unprofessional.

Although it doesn't apply in the UK, point out the EU's Pay Transparency Directive to them, and ask them why it is acceptable in other European countries but considered unprofessional to discuss it in the UK.

https://www.cliffordchance.com/content/dam/cliffordchance/briefings/2024/11/the-eu-pay-transparency-directive-countdown-to-implementation.pdf

It is perfectly acceptable to tell people how much you earn.

Tell them to boil their heads (politely).

https://www.cliffordchance.com/content/dam/cliffordchance/briefings/2024/11/the-eu-pay-transparency-directive-countdown-to-implementation.pdf

PaperwhiteTheGhost · 12/11/2025 22:01

The manager who had to issue the letter confirmed that there is nothing in my contract or in any policy stating that we cannot discuss salary. He said it falls under "professional conduct", which I feel like is really subjective considering that I don't personally think that it is unprofessional.

OP posts:
Senseandsensitivity · 11/11/2025 23:57

Hi op, this is upsetting.
So the head of department is the problem, dodgy judgement and inclined to be punitive.

Hr will be perfectly aware you are allowed to discuss salary.

Please do ask them about which policy this is mentioned in, get it all in writing
(give them all the rope to hang themselves with) and only then push back with all force in writing. Acas is a phone call away. I found them really helpful. You can threaten to take them to tribunal for breach of your stautory rights under equality act 2010.

https://www.peoplehr.com/en-gb/resources/blog/you-can-t-stop-employees-discussing-their-pay/

They might suddenly decide to drop all this as it is too much aggro. Got to also factor in the publicity angle when you would win at tribunal.

I work for the nhs and last year had to threaten tribunal via acas (you dont have to leave or resign first) due to breach of my statutory right. Head of hr relations was at my meeting. Hey presto, suddenly all apology, bending over backwards.....

I think what others have said is very helpful too. This informal warning, which policy does it sit under, does it even exist? If its not in writing, its not a policy and if all the people involved in the salary discussion have not also been threatened with this informal warning why have you been singled out?

I hope you can get this unpleasantness sorted out soon. Your manager must be a right sycophantic wimp not to have your back on this.

You can’t stop employees discussing their pay

You can’t stop employees discussing their pay

https://www.peoplehr.com/en-gb/resources/blog/you-can-t-stop-employees-discussing-their-pay/

5128gap · 11/11/2025 23:40

They're entitled to write you a 'letter of concern', basically a written telling off that they keep on file. You are entitled to write back saying that you were within your rights to disclose your salary and at no point were you asked to keep it confidential, and insist that letter also goes on file.
While the letter isn't a disciplinary sanction, personally I'd not let it go without response, as it can be used as part of the big picture if there's future issues. Especially if they word it in terms of 'disclosing confidential information' or some other vague phrase that implies wrong doing.
You other option as you can't appeal it is to put in a grievance that you have been treated unfairly.

andanotherproblem · 11/11/2025 23:21

If you’re a nurse you must be part of the RCN, they can help with things like this

CharlieUniformNovemberTangoYankee · 11/11/2025 23:15

Are the colleagues who were involved in any of the conversations also receiving written warnings? If not, why are you being singled out?

AintNoPunshineWhenShesGone · 11/11/2025 23:09

PaperwhiteTheGhost · 11/11/2025 19:38

I know, we just don't have one in-house. I can still join Unison or similar but won't have a rep at work.

You don't need a rep at work.

You can contact them any time via email or a telephone number.

As a PP pointed out you couldn't consult them about this anyway as it's already happened.

But I'd join one ASAP for the future.

Lovemycat2023 · 11/11/2025 23:04

EBearhug · 11/11/2025 21:26

That's not necessarily a bad thing. My workplace didn't recognise a union, so there was no rep there - so I got one from the union who was employed full-time, rather than someone doing it as a voluntary thing, who might be excellent, but equally might not be at all

Absolutely agree with this. Full time officers I’ve come across at my union are great, and will represent at the more complicated cases (even though we do have reps in house, but as you say they are volunteers)

Lovemycat2023 · 11/11/2025 23:02

Ask for the following in writing:

The policy which provides for informal warnings and what happens with them. I’m public sector and we found out that these were being kept on record for 6 months (despite having no policy that allowed this). We’ve been challenging them since.

The policy which says you cannot discuss salary (these do exist in some companies but I think are quite unusual).

Full details of the complaint against you.

I would push hard here OP. I suspect they don’t have a leg to stand on.

Smugzebra · 11/11/2025 22:49

Wow that's shocking.
I work in a vaguely similar field and got a pay rise through raising with management that a colleague told me what they were on. (They were doing the exact same thing and getting more) Neither of us got any warnings and it turns out they just genuinely didn't realize we were qualified to the same level.

Never knew it was a thing to not discuss pay with colleagues (other than it being a bit awkward!)

I can sort of understand it in a corporate sales type job but not healthcare, even private, because your qualifications and experience are quantifiable and jobs are pretty "set" in structure.

PaperwhiteTheGhost · 11/11/2025 21:57

MotherJessAndKittens · 11/11/2025 21:28

You don’t say what you actually are employed as but if a nurse (you mentioned Band 6) could you not ask the Nursing and Midwifery Council or equivalent if it is appropriate and I suggest joining a union ASAP because your bosses sound a bit iffy. Good luck x

I am a Paramedic. I don't think the HCPC would help, Royal College of Paramedics might though

OP posts:
RandomNewIdentity · 11/11/2025 21:50

You can definitely join a union, like Unison. They won't support you immediately, but will in a few weeks.

rwalker · 11/11/2025 21:38

PaperwhiteTheGhost · 11/11/2025 19:13

Annoyingly as I work for a private company I don't have a union rep. I did when I was NHS.
I think can join the union of the public sector body we provide healthcare to, I might look in to that.

Unison will still let you join in the private sector

i wouldn’t particularly challenge it but just say you had no idea you’d done anything wrong and can you see the policy they are referring to so you can avoid situations like this again

be very clear that you want to see the policy you have breached

MotherJessAndKittens · 11/11/2025 21:28

You don’t say what you actually are employed as but if a nurse (you mentioned Band 6) could you not ask the Nursing and Midwifery Council or equivalent if it is appropriate and I suggest joining a union ASAP because your bosses sound a bit iffy. Good luck x

EBearhug · 11/11/2025 21:26

PaperwhiteTheGhost · 11/11/2025 19:38

I know, we just don't have one in-house. I can still join Unison or similar but won't have a rep at work.

That's not necessarily a bad thing. My workplace didn't recognise a union, so there was no rep there - so I got one from the union who was employed full-time, rather than someone doing it as a voluntary thing, who might be excellent, but equally might not be at all

PaperwhiteTheGhost · 11/11/2025 21:26

Dammila · 11/11/2025 21:20

I don't think there is anything informal at all about a written warning. That's pretty much as formal as it gets. They don't want it on your record because then you might actually start to ask some tricky questions, like where's the policy and what's wrong with someone asking for fair pay. This is a way to threaten you without actually getting into the technicalities. I would also be making an extremely formal request to see the policy that you've never been made aware of in a written letter with a date and signature.

This is exactly how I feel about it. You have articulated it perfectly!

OP posts:
PaperwhiteTheGhost · 11/11/2025 21:24

LivingTheDreamish · 11/11/2025 21:08

I do understand why in some workplaces it is counterproductive to discuss salary. Not for a negative reason but because in some industries people are rewarded for soft skills that are hard to quantify, and those without them are likely unaware of their lack, so it's best if they never know. But surely a quick chat could have addressed the issue, unless it is breaching a formal workplace policy in which case I suppose the letter is fair enough. If so I would just shrug and move on personally. At least you know you are being well paid OP!

In healthcare it is much more structured, even in private companies. We are paid within a certain range per role, based on skills and experience. It then goes up every year like NHS spine points as you gain more experience until you get to the top end, after which you just get the yearly pay rise if there is one.

I went in to the job at the top end of the salary range, but it is very clear why that is.

OP posts:
PaperwhiteTheGhost · 11/11/2025 21:21

witheringrowan · 11/11/2025 21:05

Why were you discussing pay? If it was because of a concern about equal pay issues, the Equality Act has an explicit section that makes any clause in a contract that forbids discussing pay unenforceable - although it only applies on equal pay issues. https://www.legislation.gov.uk/ukpga/2010/15/notes/division/3/5/3/14

So for example if you or a female colleague was concerned that a male colleague is being paid more than you, and you are trying to establish the truth, they cannot forbid you from talking about pay. If you are just having a gossip, you have less of a defence if it's forbidden in your contract.

I wouldn't call conversations with my colleagues a "gossip".

From memory it has come up a few times.

  • My close colleague (on my team) is buying her first house. Me and DP are saving for a mortgage together. The conversation was around how much we earn, mortgage estimates, deposits and so on.
  • A college who has never worked for the NHS asked about NHS pay bands and how they compare to our salaries.
  • I chatted to another close colleage about me potentially moving to another site which is out of London but much nearer home so would be a pay cut but might be offset by the savings on petrol.

All normal conversations.

OP posts:
Dammila · 11/11/2025 21:20

I don't think there is anything informal at all about a written warning. That's pretty much as formal as it gets. They don't want it on your record because then you might actually start to ask some tricky questions, like where's the policy and what's wrong with someone asking for fair pay. This is a way to threaten you without actually getting into the technicalities. I would also be making an extremely formal request to see the policy that you've never been made aware of in a written letter with a date and signature.

Greggsit · 11/11/2025 21:19

Not for a negative reason but because in some industries people are rewarded for soft skills that are hard to quantify, and those without them are likely unaware of their lack, so it's best if they never know.

That's some patronizing bullshit! "Don't tell her John's on more money because he's better at golfing with clients, it will only upset her". Rewarded for soft skills is one thing. Deliberately keeping it quiet is nonsense.

LivingTheDreamish · 11/11/2025 21:08

I do understand why in some workplaces it is counterproductive to discuss salary. Not for a negative reason but because in some industries people are rewarded for soft skills that are hard to quantify, and those without them are likely unaware of their lack, so it's best if they never know. But surely a quick chat could have addressed the issue, unless it is breaching a formal workplace policy in which case I suppose the letter is fair enough. If so I would just shrug and move on personally. At least you know you are being well paid OP!

thecatdidit · 11/11/2025 21:06

@PaperwhiteTheGhost ACAS will give free impartial advice, so I suggest you contact them after you've asked where it is stated in the policy ( that you are not allowed to discuss salaries )

witheringrowan · 11/11/2025 21:05

Why were you discussing pay? If it was because of a concern about equal pay issues, the Equality Act has an explicit section that makes any clause in a contract that forbids discussing pay unenforceable - although it only applies on equal pay issues. https://www.legislation.gov.uk/ukpga/2010/15/notes/division/3/5/3/14

So for example if you or a female colleague was concerned that a male colleague is being paid more than you, and you are trying to establish the truth, they cannot forbid you from talking about pay. If you are just having a gossip, you have less of a defence if it's forbidden in your contract.

Equality Act 2010 - Explanatory Notes

https://www.legislation.gov.uk/ukpga/2010/15/notes/division/3/5/3/14

AmIHumanOrAmIAYeti · 11/11/2025 20:58

PaperwhiteTheGhost · 11/11/2025 19:20

It is informal, however if there is a repeat of the "concern" within a year it may trigger a formal investigation.

So not really informal then.

AmIHumanOrAmIAYeti · 11/11/2025 20:57

Spottyskunk · 11/11/2025 19:41

This is nonsense, public sector salaries are a matter of public record, anyone can see them on the afc bandings so even if you hadn't discussed it people could easily look it up.

The OP isn’t on a public sector salary.