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Being paid less than a man when we do the exact same job.

58 replies

ilovefoodmum · 11/11/2011 21:28

Thats it really. This is several hundred pounds per month. He also gets company benefits that I dont receive, eg better training, better allowances, three monthly bonuses and better expenses.

He did not start before me and has no more experience than me.

We are both equally qualified and experienced to do the job.

Human Resources have not dealt with the situation. They said my manager needs to deal with it.

My manager ignored my complaint. I made a formal grievance and have had no response, although this was quite some time ago. My managers line manager was then informed but still nothing.

Stupidly, I am not a union member.

What can I do? This situation has gone on for years.

OP posts:
LaurieFairyCake · 11/11/2011 21:31

Does your company have a grievance procedure

Did you raise a formal grievance in writing and they didn't respond at all?

What's the next stage in the procedure?

ilovefoodmum · 11/11/2011 21:34

Yes.

I eventually had a meeting, a lot of noise was made but I havent heard anything since and that was ages ago.

Next stage is to tell managers manager, which ive done.....

Apparently I can appeal against the decision, but I haven't had a decision.

Thank you for replying

OP posts:
prh47bridge · 11/11/2011 21:36

Your manager could argue that this man's performance in the job is better than yours, justifying the discrepancy. But the immediate question is, as LaurieFairyCake says, what your employer's grievance procedure states. Have you reached the end of that procedure or is there another step you can take?

ilovefoodmum · 11/11/2011 21:36

To clarify, I did make a written grievance, before the actual grievance meeting. I meant I have had no response since the meeting.

OP posts:
ilovefoodmum · 11/11/2011 21:38

I will have another look at the rest of the grievance procedure. How long should it take for an answer.

I perform better than he does and this is recognised.

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LaurieFairyCake · 11/11/2011 21:39

Did you receive an outcome of the meeting - it seems they think they have told you they have decided against you as they used the word 'appeal'.

Have you tried appealing in writing? To the managers manager?

They sound really shit. Can you talk to a solicitor using your legal device on your house insurance or a free half hour somewhere?

It's not too late to join a union either - do that definitely.

LaurieFairyCake · 11/11/2011 21:40

The timescales should be in the procedure.

SHRIIIEEEKPoolingBearBlood · 11/11/2011 21:43

Have you mentioned that your grievance relates to potential discrimination? I believe that should get them a bit more nervous.

I came on to say habit, expecting that you would be quietly seething. But if you have told them and thy have provided neither a pay rise or explanation, then they are unreasonable, and on very thin ice imo!

ilovefoodmum · 11/11/2011 21:43

I have had no outcome of the meeting. Nothing at all.

No one told me I can appeal - it just states in the policy that I have a right to appeal.

At this stage, I have nothing to appeal against as I havent been given a response, hence my confusion.

It says I should have a decision within 7 days - its been ages.

I meant how long should i give the managers manager to respond - it does not make that clear.

Thanks for responses.

OP posts:
SHRIIIEEEKPoolingBearBlood · 11/11/2011 21:45

I wonder whether your appeal needs to go into the lack of adherence to process and unreasonable timescales and communication. Can you get legal advice?

ilovefoodmum · 11/11/2011 21:47

I have clearly mentioned discrimination in my grievance letter, at my meeting and during discussions with HR.

I dont have legal cover on my insurance. Should I complete paperwork for an employment tribunal myself or is it worth paying for a solicitor?

No one seems to be in a union where we work.

OP posts:
SHRIIIEEEKPoolingBearBlood · 11/11/2011 21:48

I think you need advice. I think his is very good case for taking it further. But I am not an expert so don't do it on my say so

ilovefoodmum · 11/11/2011 21:50

thanks, I will book a free first session and see what they say.

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LaurieFairyCake · 11/11/2011 21:53

I would send them a recorded delivery letter stating that you have not received a decision and saying they appear to have broken their own rule if informing you within seven days.

I'd also see a solicitor. They sound very stupid.

lelainapierce · 11/11/2011 21:57

Go to a cab.

FizzyMakeFeelNice · 11/11/2011 22:00

Definitely look into unions for your field as you can get legal representation through most unions.

Also, as a first step, I would give ACAS a call, they're a free advisory service for employment issues, and have been very knowledgeable when I've used them in the past.

ilovefoodmum · 11/11/2011 22:00

I have already sent a letter about lack of response to my manager, their manager plus higher manager. I did get a letter back saying it will be dealt with. But when??? Just re-read policy and it says I should receive a written response within 7 days and if I am unhappy I can appeal within 7 days of decision. It does not mention what happens if they fail to respond.

Can I not go back and claim Constructive Dismissal? It is really stressing me out and i feel undervalued and unappreciated.

OP posts:
TIDDLYMUM · 11/11/2011 22:01

Look up equal pay questionnaire and bump on here to get expert advice. Your firm are legally obliged to complete. I am not hr expert but I know this much . Good luck xx

ilovefoodmum · 11/11/2011 22:04

i will have a look at questionaire, thanks, didn't know about that.

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TIDDLYMUM · 11/11/2011 22:15

No probs Hun I have heard about it from my friend who is in HR, I suspect a similar carry on at my place of work! X

ilovefoodmum · 11/11/2011 22:19

Hi Tiddly, ive just googled that questionaire and I have already asked every one of those questions in my grievance letter and even identified the male comparitor and outlined exactly what he is getting compared to me.

Does anyone know if this is enough or should I actually still present them with the questionaire?

Tiddly, I hope you are not being treated poorly too.

OP posts:
Grevling · 11/11/2011 22:21

I don't think you would get very far with constructive dismissal. CD is really only applicable when you can't go back due to a serious breakdown of the employer / employee relationship. This isn't one of those cases.

Its not automatically illegal to pay a man more than a woman. Its illegal to base the decision on gender but just because a man gets paid more than you doesn't mean you should automatically get a bump.

Factors you need to look at are:

  • Salaries when you both joined
  • Length of service
  • Situation when joined company (i.e. unemployed looking for work vs head hunted)
  • Job titles etc.

You need to look at those before you jump on the discrimination band wagon. Also remember one swallow a summer does not make. You might want to prove it a bit deeper as one person is hard to prove a pattern that a ET would look at. What about other positions in the company.

If he managed to negotiate a better package when he joined that isn't a failure of the company it's just life. You need to consider these before you speak to the CAB.

ilovefoodmum · 11/11/2011 22:23

I will ring Acas and the CAB on Monday, never thought of them. I will also have a look at Unions. Thank you everyone.

OP posts:
Grevling · 11/11/2011 22:25

What I was trying to say was:

Worker A (Woman): Joins company, negotiates £30k per year.
Worker B (Man): Head Hunted, negotiated £50k per year as already has job so plays hard ball.

This is not illegal.

Worker C (Woman): Joins company paid £30k per year.
Worker B (Man): Joins company paid £35k per year because the boss is scared Worker C will run off an have kids so pays women less.

Extreme examples but you get the idea.

Grevling · 11/11/2011 22:25

Sorry, needed to add Worker C / Worker D needs a "This is illegal" below it.