Told not to discuss salary?

[ToDoListAddict]

My manager has advised our team that there is a confidentiality clause in our contracts stating we are unable to discuss our salary, bonuses or payrises with colleagues or anyone outside of the company. To do so would be a breach of contract.
I checked my contract and there is no such clause. Only a clause regarding company information.
I also consulted google and found the Equality Act 2010 states employers are unable to stop employees discussing salaries.
So I'm a bit confused.
If the clause was in my contract it would be unenforceable, but it's not even in my contract.
Could this just be a scaremongering tactic?
Can managers just lie to their team like that?
Is there a way to inform the company of the Equality Act 2010 without outing myself as it's already a very toxic work environment and feel I could lose my job if I challenged this personally.

I'd be sending an email explaining what you just said. They can't control speech in that way.

” Could this just be a scaremongering tactic?”

Yes probably.

”Can managers just lie to their team like that?”

Well it’s not against the law if that’s what you mean.

If you want to inform the company of something without outing yourself you’ll need to create a fake email address or something. But why not just ignore? Discuss your salary with whoever you like, your manager isn’t going to find out or be able to do anything if he/she does find out.

It is probably because some get paid more than others for identical work.

Why do you need to challenge it? Are you being reprimanded or disciplined for having discussed something of that kind?

I would say that your contract suggests you cannot speak to those outside the company (as bonuses etc. would be company information) but within the company, that's a different matter.

I, too, work at a place where we are told that we should not discuss salary. It is not in our contract or company policies. The way I see it is that I cannot ask somebody about their salary but if they volunteer the information, how can that be my fault? Nonetheless, I try to steer away from such conversations because it only breeds ill-feeling.

If your managers are clamping down on people talking about wages it isn't likely to be because of the amazing packages you are all on.
They know they're massively underpaying at least some of you.

I'd be sending an email asking for clarification on where that confidentiality clause is as you are checking your contract and can't see it.

We used to have this sort of clause but it was removed because of the Act referred to.

Is it possible that your manager doesn't know the clause has been removed? My workplace didn't 'announce' it, you had to notice yourself.

If at all possible, I would raise it with your manager, not in an unpleasant or inflammatory way, just 'i was looking for the clause you mentioned and couldn't find it. Do you think it may have been removed due to the Equality Act?' or similar.

This has happened to me in the last. To be he honest, I just ignored it but was just super careful not to ever discuss salaries with someone with a big mouth!

Plenty of companies rely on people not having these discussions because of the inequality of some of the salaries. I would worry about what they are trying to cover up and be even more intrigued

@caringcarer
I have a feeling this is the case.
There is a distinct case of favouritism in the workplace.

We have been told the same - but I know the Act exists and if they try and advise me otherwise I shall be querying the legality of what they are telling us too

@EggysMom

Why do you need to challenge it? Are you being reprimanded or disciplined for having discussed something of that kind?

I'm just concerned because I have previously discussed my salary with a close colleague and wondered if it was meant to be directed at me

Personally I'm not that concerned regarding my own salary but feel like it's unfair on my colleagues that might be in lower pay brackets that might now feel too scared to challenge the fact they're being underpaid.
But then I'm concerned about causing more trouble in an already toxic work environment.

I was told this in my first graduate job. Unfortunately it was a small company where everyone socialised and I quickly discovered I was on 1/3 less than my working partner.
They soon coughed up.

In a previous job, 2 new recruits were paid significantly more than me and others despite having the same qualification and experience. The head of service who was a massive sexist arsehole had told them not to tell us. They did because they didn't think it was fair. It was one if the many reasons I left.

Many contracts have that kind of clause.

They actually aren’t unlawful - that’s a common misconception.

However, a clause can’t prevent people from making a relevant pay disclosure to determine an equal pay/discrimination issue, as that wouldn’t be enforceable.

Personally I'm not that concerned regarding my own salary but feel like it's unfair on my colleagues that might be in lower pay brackets that might now feel too scared to challenge the fact they're being underpaid

Of all the things to worry about, it really isn't your business to think about other employees' pay and conditions. You don't have accurate facts about why they are remunerated at their level, and it's counterproductive and disruptive to have those discussions.

But then I'm concerned about causing more trouble in an already toxic work environment.

Yes I would steer clear, if you don't want to get a name for yourself (even if well-meaning), especially if it's a toxic environment.

If your concern is for your colleagues, then I’m sure they are just as able to notice that the clause your manager referred to doesn’t exist as you are. Or you can point it out to them if you think it’s something they are concerned about.