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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to out my ex employer over pay discrimination?

22 replies

Clearlynotmyname · 30/01/2018 09:24

Just over a year ago I found out that I was being paid substantially less than a male colleague in the same role. Not only this but when I spoke to the union and some other women in the organisation I found that this sort of pay inequality was very common across the company - some women had even gone to tribunal before they were awarded equal pay.

This is a common story everywhere of course. What makes it more unusual is this organisation is a well known name, very famous for its liberal values, including gender equality. So the inequalities in pay are not only discrimination but raging hypocrisy.

In the end I left the company - they were not backing down on pay, I was not willing to go through the time and expense of tribunal, and I also felt very unhappy there for many other reasons (in summary: terrible boss). They gave me a settlement which, whilst admitting no liability whatsoever, coincidentally equalled my back pay for if I had been paid the same as this male colleague. Of course, it had a clause in it saying that I was relinquishing any right to any claims on them, and could not speak ill of the company essentially for the rest of my life. I know these contracts are very hard to enforce, but theoretically if I spoke up they could demand their money back.

Partly I feel ashamed that I was paid off for my silence and didn't carry on fighting, but the overall situation was so bad that it was affecting my mental health, and I don't think I could have stayed there any longer. It took some counselling and lots of time away but a year later, I have moved on.

But now whenever I hear them speak about equal pay it gives me the rage and I am tempted to out them, somehow. Preferably anonymously - I am very thin skinned and just not brave enough to face the publicity and inevitable abuse (not to mention possible legal action) of doing it publicly.

WWYD?

OP posts:
Clearlynotmyname · 30/01/2018 09:25

Link to old thread with more back story

OP posts:
faithinthesound · 30/01/2018 09:35

Every contract I've ever signed has had a non-defamation clause in it, extending to after (well after) the termination of the employment greeting.

So like, you do you, just make sure you're not opening yourself up to them coming after you. If they can, they most certainly will.

Clearlynotmyname · 30/01/2018 09:37

But isn't that true for everyone? And where would we be if no one ever spoke up?

OP posts:
faithinthesound · 30/01/2018 09:43

I guess you have to ask yourself if speaking up is worth it. If it's just an apology you're after that won't be worth paying a settlement for breach of the non-defamation clause. If you're looking for them to pay you put you might could end up quits.

As infuriating as it may be, I personally would rather be safe and disgruntled than right and homeless.

Clearlynotmyname · 30/01/2018 09:56

I'm not after a payout - I got that and anyway as it was only going back a few months it wasn't massive. And not expecting an apology. It's more that I feel that they deserve to be named and shamed for their massive hypocrisy!! And ideally it would help all the women there who have unequal pay (similar to what is going on at the BBC).

Tbh I'm surprised mn isn't more opinionated about this!

OP posts:
crunchymint · 30/01/2018 10:06

Post an anonymous review on glassdoor.

EBearhug · 30/01/2018 10:12

Take care - a former colleague who was forthright in his opinion about being made redundant nearly lost his enhanced package.

Clearlynotmyname · 30/01/2018 10:22

Thanks. I do feel like anonymous is the way to go. I hadn't thought of glassdoor - good idea.
Are there any other anon routes that are more visible/public?

OP posts:
HandbagFan · 30/01/2018 12:14

Daily Mail?

Clearlynotmyname · 30/01/2018 12:38

As in, I should go to them? Well they would lap up the story certainly but I would rather chew my own arm off than give the dm anything!!

OP posts:
ShastaTrinity · 30/01/2018 12:45

You need to be certain you are happy to lose your package and think what is best for you now and in the future.

You also need to be 100% sure you were doing the exact same job. I have seen a few cases where on paper the job was the same, but one employee ended up doing more hours, taking on more responsibilities, working weekend, one was even travelling when the others were not.
I am not pretending that all men and women are paid the same, but in real life, the jobs were not executed exactly the same way.

I have even witnessed a woman complaining about the pay her, also female, colleague was getting.

Clearlynotmyname · 30/01/2018 12:55

Thanks Shasta. In all honesty, no I would not be happy to lose the package. I didn't work for a while afterwards and the money saw me through that period.

The jobs weren't exactly the same - past a certain level no two jobs are the same! He probably did work longer hours than me (no kids), but: my team was twice the size of his and I had considerably more experience. The union fully supported my claim so I know it was valid.

OP posts:
FlappyFish · 30/01/2018 13:12

As they laid a settlement, there would no doubt be a clause in the agreement that states it is confidential and disclosure prohibited.

They can therefore reclaim all funds if you break it.

Not saying what they have done is right or wrong, but purely from the HR/legal side of signing a SA.

AngelsSins · 30/01/2018 14:05

I know how you feel OP, I used to work in HR, so had access to everyone's wages, the men were always paid more. We also had only one female manager in the whole company (about 30 managers in total) and she was paid far less than the men and also wasn't given the extras the men got such as health insurance. It's not as rare as people like to believe.

20Large · 30/01/2018 14:31

I love the way your "outrage" ends at a story in a newspaper you don't like.

I have some experience in this area and they likely paid you to shut up. It's very easy to fight unequal pay claims but it's usually worth paying off an individual or several with NDAs. If you broke that it would suddenly be well worth their while putting their substantial resources into discredditing you and reclaiming any settlement.

foodiefil · 30/01/2018 14:33

What's the first defence for defamation @faithinthesound ?

That what you're saying is true.

Clearlynotmyname · 30/01/2018 16:40

I love the way your "outrage" ends at a story in a newspaper you don't like.

Er, not sure how that's relevant. The end does not justify the means! If dm was the only newspaper in the country fair enough but it isn't, thank god.

I agree Angels, it's super common. People need to speak up, I feel guilty if I don't. But acknowledge that as I chose to sign the clause I probably can't.

OP posts:
HerRoyalNotness · 30/01/2018 16:47

foodie exactly what I was thinking, it can't be defamation if it's true.

I don't know where you'd go with this, but the company I worked for was similar, my manager laughed in my face when I asked for a pay rise based on currency fluctuations and my skill level, and said they were hiring graduates and new starters on what I earned (after some 15yrs). It's fucked is what it is.

TalkinPeace · 30/01/2018 16:54

I suspect that any company trying to claim on a non disclosure agreement that hid illegal activity would suffer a rather massive dose of the Streisand Effect

faithinthesound · 31/01/2018 06:08

Oh do what you want you will anyway.

I just despair of seeing a "I spoke to the media and they sued me for it" thread in a few months.

You can't say you weren't warned.

HandbagFan · 31/01/2018 09:22

I did mean for you to go to them, yes. Whether you like them or not it sounds like the sort of story they’d lap up.

HandMini · 31/01/2018 09:33

I see only two choices here.

You either put it behind you and perhaps put energy into campaigning for gender equality in pay or speak to the company directly.

There’s nothing to stop you “getting it off your chest” in a letter to them.

They will throw your settlement back at you and even if they do negotiate they will assume you want money rather than any principled reasons for pursuing it.

Don’t go to the media. You’ll be in breach of contract and I would not be at all surprised if the company did claw the money back.

There are better (broader) ways of fighting this (important) fight.

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