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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Equal Pay - AIBU

10 replies

Givemecoffeeplease · 27/10/2020 21:43

After I questioned my manager on equal pay within the team I work on I was granted a 9% pay rise to bring me in line with others in the team (2 men one woman). (We all do the same job, with similar results ans experience). My AIBU is can I demand back pay for the pay I didn’t earn, plus bonuses and pension contributions? I don’t want to be grabby but I’m also a bit fuck-you-for-getting-this-wrong-cos-I’m-a-woman.

According to this I can claim back pay. www.equalityhumanrights.com/en/advice-and-guidance/equal-pay-claims. Should I do it? I am grateful for the pay adjustment but I’m fuming that I had to do the digging to get to the bottom of it. Any employment lawyers or raging feminists (me!) around to help a girl out?!

OP posts:
Waveysnail · 27/10/2020 21:45

Do you work public sector or private?

Givemecoffeeplease · 27/10/2020 21:46

Private sector

OP posts:
Thehop · 27/10/2020 21:47

Normally I’d argue but right now? I’d probably leave it

But absolutely zero judgement if you decide to pursue, it’s shit that you had to fight for equality

Givemecoffeeplease · 27/10/2020 21:51

Ha I hear you. And it’s such a weird time and I am very aware that people out there are losing their jobs or being paid less. But we are actually recruiting for new roles - the company is doing well, so it’s not a bad time in that way. It’s more whether or not I have a legal leg to stand on. I asked at the time if they could back pay and they said it wasn’t their policy. But it seems that maybe legally they can’t take that stance!

Will be encouraging my female peers to ask the same Qs to take the patriarchy down one pay gap at a time..... Grin

OP posts:
Margaritatime · 27/10/2020 22:30

Go for it

IncandescentSilver · 27/10/2020 22:38

I would if I were you. Being timid in the workplace rarely gets you anywhere.

But depending on the facts, if the error in law affected your contract from an earlier date, then you are entitled to be paid compensation to remove the detriment.

Its awful that you were paid 9% less at all!

Glitteryone · 27/10/2020 22:49

How is it due to your gender if another female was already receiving the higher amount?

Pinkyxx · 27/10/2020 23:14

I work in HR and feel very strongly that parity of role / outcome deserves parity of pay when all things are equal. It's not clear if another woman on your team also had higher pay, or if it was just men. In some countries, employment law come out very strongly on the side of the employee. The UK is not one of those countries.. you only have to look at the gender pay gap to see inequity is happening all the time; and there is little that can be done to 'compel' changes in this regard. I'm not aware of any legal requirement to pay back pay unless say the payroll messed up and paid you wrong. Contractually, you're entitled to that back pay.

Your increase may bring you in line but this is different to saying you now earn the same as they do. You could ask for back pay and make a reasonable argument if you have all been at the company the same length of time, have the same qualifications, have the same experience etc (all valid data points when it comes to defining base pay). It would be rare to have 3 employees on one team who are literally carbon copies, there is usually some differentiation.

If you do go for it, or raise a grievance, be prepared to evidence that you are a carbon copy of your peers. That isn't always easy. Bear in mind you're also inviting your employer to find reasons to justify your different salary to date.

In my experience the best you'll get is a back date to the most recent point this year where the typical annual salary merit increases are done or you could argue for 1st Jan if that's earlier. Otherwise you're essentially disputing potentially years of salary decisions and asking for each one to be assessed. Remember, if you get back pay, you'll have to pay back tax and NIC. Make sure it's worth your while, i.e. you'll get a meaningful net amount in pocket.

I've seen many argue this point, and fail. I'm not trying to dissuade you, I actually fully agree with you, but wanted to offer an objective view from the other side of the fence.

Good luck!!

Givemecoffeeplease · 28/10/2020 10:01

Thanks all. The other woman in the team has more experience than me. The men have less. So the fact that I was paid less than all 3 can be put down to gender rather than expereince.

Can’t hurt to email my HR team and ask the question. And I’d be delighted to pay tax and NIC, totally fair and just. I want an end to the pay gap but as per the post above, I can see that they fear it may set a precedent. All I can do is ask!

OP posts:
Pinkyxx · 28/10/2020 18:35

Based on your reply, I would say argue with regards to the men's pay but not the woman's. It is reasonable that more experience yields higher pay but as I said, there are many factors. One pay adjustment for a wrong situation doesn't make a precedent. Each case needs to be assessed on fact pattern & merit.

As for any discussion you'd have with your HR, there are confidential, I'd also say so are pay decisions. You're under no obligation to disclose the outcome of your request - in fact it would be best not to if you ask me.

Good luck, I wish you the best :-)

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