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

[ilovefoodmum]

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.

Ok, now things are getting a bit more tricky.

Do you think the reason you have been not received some training is because of your sex? If he has a development need to bring him up to standard, for example, there would be nothing wrong with that. To prove discrimination you'd need to show they deliberately deprived you.

If you believe your employer is deliberately treating you less favourably because you are a woman then you need to raise that with your employer in the first instance. The same with your flexible working request. Being poor at admin does not make a discrimination claim.

Do you want to work there or are you looking to get out with as big a settlement as possible? I ask because you've already mentioned constructive dismissal up the thread.

If you are considering claiming sex discrimination for anything more complicated than an equal pay claim then I would suggest you speak to an employment lawyer.

Thanks for your reply agan Katie. I like my job and have no wish to leave. I mentioned constructive dismissal as a last resort as they are ignoring me. I really feel they are treating me very poorly and I am getting very stressed with it all. Some days I don't want to go in as I know someone else is being paid hundreds of pounds per month more than me for doing the same job. I feel undervalued.

I said if they could provide me with a clear valid reason why I was being treated differently I would accept it and move on/forget it/not hold a grudge. I really believe they have ignored me as they simply cannot provide an acceptable answer.

I asked for the same training and was told that you should be in the role for longer, as it is quite expensive. He did not need it to get up to standard but rather it helps for future career progression. I did not know he had been approved until he had almost finished. I have been on maternity leave so he has been at work more, but I did not think that maternity leave could count against me. Technically, we have been employed the same amount of time in our jobs and we are both full time.

How on earth could I prove that I have been deliberately deprived? That sounds impossible.

All I wanted /expected was back pay and to be brought in line with what he earns. I made that clear from the beginning. If it goes to tribunal I did not think they could award money for injury to my feelings or the stress it has caused? I thought they would just ensure I was receiving all I should be?

I wrote a long reply and lost it when the site went down. You mentioned adding in other claims in your last post but one which is why I asked what your position was.

In order to win a discrimination claim you need to show that they deliberately discriminated against you for a claim of direct discrimination. So, with the training, they said you needed to be in role longer (did they actually put this in writing btw?) but your colleague with less service has been given the expensive training. The details of how this happened will be important. If it is something like an admin oversight you have no case. If your manager asked him but not you, you may have a case... but it would depend why he was asked and not you. If your employer is not including maternity leave in your service then you could argue a case of pregnancy/maternity discrimination under the terms of the Equality Act 2010. Proving discrimination is difficult which is why I said if it's anything other than a very straightforward equal pay claim I'd want a solicitor.

With the flexible working request a tribunal can only make them consider it, not implement it.

You would also need to raise both complaints with your employer first.

If you are considering adding anything to your equal pay claim then I suggest you seek independent legal advice first.

Training is advertised to all staff in an email. In order to apply, your manager has to sign the form. I was told verbally that I needed to be there longer as its expensive.

We started at the same time, I meant he has been in the office longer as I was off on maternity for a few months but this should not count against me. (They have not said anything about not counting maternity leave in service, they do count it, at least on paper.)

I therefore have no written proof on this issue.

If they eventually agree that I should have been paid the same pay and/or bonuses and suggest there has been a genuine error somewhere or someone has not followed procedure should I just accept any money offered? Is it best to go for a compromise agreement or continue to tribunal?

I am worried that after any settlement of back pay, they will then start to find fault with my work....

I do not believe they will pay out though. You have confirmed to me that I need to get a solicitor quickly, if only to advise me there is no case and I should give up, which I will accept. Thanks again.

If they do come back and say sorry, it was a mistake we'll pay you properly from now on and they offer you some back pay they will probably ask you to sign a compromise agreement to prevent you taking action against them in the future and to have it all neat and tidy... but they may not.

You will need to decide if you want to accept any offer. If you reject it and go to Tribunal they may not give you the outcome you want. You may want to talk that decision through with a solicitor. If they offer a compromise agreement they should pay your legal fees to have that agreement looked over by a solicitor.

They would be very stupid to pay you back pay and then start harassing you.

So, worse case scenerio: they refuse to offer anything at all or continue to ignore me. If my solicitor (when I get one) then advises me to go to tribunal, will the judge consider paying anything extra because they have been so inept with dealing with the whole situation and not adhered to their own procedures? (If I am successful). If this is a possibility, then surely it is in their best interests to settle? If they thought I was talking rubbish, surely I would have had a response.

It is my understanding it is not a straightforward win/lose scenerio - the tribunal can agree with some aspects of my claim and reject others. Is that right? I also understand, from that link you provided earlier, that it is very unlikely I will have to pay costs to the tribunal/other side, unless I am obviously making a malicious case. I gather, I will just be liable for my own solicitor fees? I cannot afford the risk of being liable for all their costs, id rather give up.

You should send me your invoice for all the help you have given. Are you a legal or HR boffin?

In your worst case scenario you can still go to tribunal. You will be unlikely to get anything extra for an equal pay claim.

A discrimination claim award is composed of an injury to feelings payment and an award for the loss of earnings (which would only be applicable in a dismissal case). Although in theory discrimination compensation is unlimited the reality is you would probably win very little for injury to feelings based on the refusal to give training to you.

You cannot claim pregnancy/maternity discrimination in the same claim as sex discrimination.

I'm HR. We're much cheaper than employment lawyers

So i'll just concentrate on the Equal Pay aspect then. I can understand why they are sitting back and doing nothing now, they must be hoping i'll let it drop and if I don't , the most they will have to pay is only what I think they owe me. It's all becoming clear now!

Thank you so much and thanks to everyone else that replied. I will post an update, whether its good news or not.