Sexism or just unfair?

[Notnastypasty]

I’m part of the management team at work. I do a good job and my boss tells me I’m valued and he appreciates all that I do. I’ve been there a few years. I found out today that everyone else on my level is on 25% or 50% more than me, all men.

I feel really upset by this because most of these people are piss takers (my boss knows this and it angers him but he does nothing about it). I asked to speak to him today and asked why I wasn’t on the same pay rate and he said he couldn’t put up my wage at the moment due to cash flow (small business). I then find out that an unqualified guy that he took on last month (not management level) is also on 25% more than me! If he doesn’t have the money then how is this possible? He couldn’t give me a reason.

I love my job but to say I now feel under valued is an understatement! Am I right in thinking it’s just one big boys club?!

If it's an easy to prove like for like job roles then it's illegal!

It’s not exactly like for like but we’re all classed as one level of management. I don’t want to say exactly what the job is but it would be like teachers and teaching assistants being classed as the same level of management but the TA’s earning more! That kind of setup.

I would ask formally to hear the reasons why you are not receiving the same pay as your colleagues on the same level. In a private firm people will earn slightly different amounts depending on what they negotiated when they started, but that sounds like a massive difference. I’d want to see then justify it.

I asked my boss today and he said he doesn’t have the money to pay me more at the moment. I asked him about the new employee starting on more than me at a lower level and his reason was ‘he wouldn’t have taken the job otherwise’. That doesn’t equal lack of cash flow to me.

Wow. That's a huge pay difference OP. I suggest you speak to ACAS for some advice in the morning.

Thank you. I’ve never heard of ACAS, I need to do my homework! I’ll call them in the morning.

Join a union and start looking for a new job

Well I normally might comment that salaries can vary because somebody negotiated better or they bring some slightly more valuable skills to the table or the market demanded it at the time.

But no, this is a massive difference and I don’t think any of these things can explain it. Sounds to me like yes it is down to you being a woman.

I would see what ACAS say, but realistically do you want to start a legal action against them? I would probably be more inclined to look for an employer that is going to value me without having to do that.

No, honestly I don’t want to start legal action. But I want my employer to know that what he’s doing is illegal. I have more responsibility than all the other people he’s paying more and he can’t justify it. Even if he paid me more now I feel like the damage is done.

Leave.
And get a new job at the rate the men are on.

He is paying you less because he can and has got away with it. You are doing the lion's share of the work. The lazy men are being rewarded and you are not. It looks like sexism. What opportunities are there to move to a better company?

I would be looking for a new job.

This with bells on. You are being taken for a mug. Your boss hasn't even taken your concerns seriously because he knows you are settled and don't want the hassle of leaving. Prove him wrong. I wouldn't threaten to leave. Just leave. It might be that he's happy to replace you at a higher salary.

Just go somewhere else as soon as possible.

Print off the law around equal pay and plonk it on his desk. Say you'd like your remuneration remedied to meet gender equal pay by the end of X month or you walk.

If you're in a union contact them.

Indeed. And an employment case of constructive dismissal based on sex discrimination will cost him a lot more than paying you your fair wage.

I wouldn't leave. I'd use ACAS and the union (if OP is in one, if not, join one) and make a fuss. By leaving you are telling your boss what he's doing is absolutely fine. Stay and fight it.

Like PP said, it's not illegal for people at the same level to earn different salaries but this does sound like a case of him thinking he can get away with paying you less because you're a woman. If he can't afford to pay you more, how can he afford to replace you? If you leave he'll likely end up paying your replacement more, there could be costs associated with recruitment, and there could be a financial impact from the disruption your departure causes.

I had a boss tell me he couldn't afford to pay me more, and then discuss pay rises with male colleagues. I left.

I'd use ACAS and the union (if OP is in one, if not, join one) and make a fuss.

This. Join a union now. Gather whatever evidence you can before pushing it further.

Once you have evidence you then speak to your boss with union support.

There is nothing to stop you looking for other jobs but don't jump ship until you have one. Either way, pursue a claim.

I've just settled for £25k with my employer and my case wasn't nearly as strong as yours, nor was I on a big salary.

Union support will make it much easier.

Sounds like a pretty clear case of sexism. The only difference between you and the higher paid employees are that they are men.

Please do get professional advice. It’s so freaking outrageous that this shit still goes on.

Definitely call ACAS. They open at 8am and provide free employment advice including advice on how to approach these situations.

https://www.cipd.co.uk/knowledge/fundamentals/emp-law/equal-pay#gref

I would get on sites like payscale https://www.payscale.com/research/UK/Country=United_Kingdom/Salary to do some research on salaries for similar roles around - not that that matters so much; you could all be paid above the national average (or below it) and that could be fair with your peers. It's the fact you're paid substantially less than your male comparators which makes it discrimination.

^And this is why he is paying men more than he is paying you^

As others have said, it is actually not quite as simple as men with equal or less responsibilities getting paid more than you – there are perfectly legal rationales for that happening (fair is a different matter entirely, but the law doesn’t care about “fair”). But you have answered your own question. The man recruited last month said he wouldn’t take the job unless he was paid more. That actually isn’t sex discrimination, it being more assertive and a better negotiator. Men often value themselves more highly than women do and fight harder – but that isn’t discrimination in the legal sense of the word.

So unless you are willing to do something about the situation, he is going to continue to walk all over you. In terms of a legal claim, despite what people here have said, before you can make a claim you must formally raise a grievance and take it to appeal if you lose. A tribunal will not find in your favour – even if it is unlawful discrimination – unless you exhaust the employers internal processes. There is no magic discrimination fairy who tells your employer they are acting illegally, and to get a tribunal to do that you have to be willing to stand up for yourself first.

Alternatively, it’s a case of:
“Dear boss, give me more money or else I shall be looking for an employer who pays me more” (assuming that there is competition and other employers would want to recruit someone like you);
or “just leave and stay silent”; or “get on the your job and accept the situation”.

Arguably it is illegal because equal work should mean equal pay and because you are a woman and the others are all men, whether or not it is BECAUSE you are a woman, it would certainly play as a sex discrimination situation.

I would tell him that what he can and can't afford is not relevant to you and that you deserve equal pay.

But really, you're going to have to find a new job because you will never be able to "unknow" that for years he has been quite happily paying you less when you do more.

Thanks for all the advice, it’s really appreciated. I spoke to him today and he’s still saying he can’t afford to give me a raise but he will by the end of the year. I pointed out that what he’s doing is illegal and he was gobsmacked. Unbelievable really, he said he will speak with HR and check because he doesn’t think it is.

I also spoke to Acas this morning and they basically repeated what I was told here. The new guy didn’t even negotiate - he told me his salary and thought everyone was on the same money.

I’d get ahead of him and speak to HR yourself OP. He might deliberately twist the facts to justify himself