Sexual discrimination/equal pay issue

Pete111

Well put Kateb.

At the end of the day they are already taking advice and (assumedly) moving ahead with some sort of action. As such we can all wait and see what the end result is.

P

hedger

thanks for your advice (especially Pete111)

we were putting together all the info we have on the issue last night and some of the stuff is interesting. for example a few weeks ago the hare brained manager produced a list of duties that a site based H&S advisor should carry out and also a list of what an office based advisor should be doing and handed it to each of the companies advisors. the male advisor and my wife were always office based (but carried out audits all over UK). site based advisors/officers are considered "higher" obviously because of the responsibility of running large projects. since xmas my wife has been a site based advisor for 3 days a week (on a very prestigious job) as well as carrying out her office based duties. so in effect she has much more responsibilities than her male colleague!
i will also add that the company has put numerous advisors thru the NEBOSH Diploma over the years as obviously it benefits the company. when my wife asked could the company pay for her to do it last year they said no (and she has it in writing)

Pete111

No Problem

Remember, you don't have to have a cast iron case (to be honest there is rarely such a thing). You just have to have a legitimate (and by this I also mean non-vindictive) case to argue. In this instance I would say it is likely that the employer has potentially put itself at risk on a couple of fronts - though there are always two sides to a story and until you got to tribunal you could not know if your take on this was correct for sure.

If your wife is made redundant she will have little to lose by appealling/claiming on the basis previously mentioned. I won't advise doing this on the basis of sour grapes (believe me I have seen plenty of those..) but if she feels genuinely aggreived and has some facts to back up her claims, it is her right to argue her case if she wants.

You may find that the company offers her an enhanced package via a compromise agreement to make it all go away or they may be happy to go all the way to tribunal to fight. If the latter make sure you are taking full advice re your chances - going to tribunal is not much fun and can be costly.

Let us know how you get on - all the best

P

hedger

cheers pete. i realise now after reading a bit about the issue that its complex and certainly not a cast iron case but we feel we have a very strong case none the less. it def isnt about being vindictive, its about being treated the same as others and as you say if shes going to be made redundant then what has she to lose? the director was incensed when she dared challenge him after he revealed the pay gap and this will def be used against her in the redundancy process.
the wife is now compiling (from the office electronic diary) a detailed breakdown of the work carried out by her and her male colleague as evidence. the work is undeniably similar (if not identical). the facts are he gets £7700 a year more for doing this. her last 3 years appraisals have been good so they cannot say her work has been poor.
it is terrible this is what a woman has to do after working hard for a company over a long period of time.....

hedger

http://www.hrmguide.co.uk/diversity/bodman.htm

aj2703

Pete111 wrote: »

Yep - that's how I got to be an HR director for a multinational. By giving shocking employee relations advice....

I say again. If what he writes is true then there is likely to be a case here and I would not like to be advising the other side as they have dropped the ball by letting slip the other guys salary just prior to a redundancy situation.

Equal pay legislation does exist and many cases have gone to tribunal on this here in the UK. These days they tend to be overshadowed by Sex discrimination cases that hit the headlines when City Girls take their banks to the cleaners....

Just out of curiosity pete, say it were that they had discrimanated twoards you with reguards to pay. Can you backdate your claim to claim the full amount you've been underpaid compared to your male collegue..

1984ReturnsForReal_2

hedger wrote: »

http://www.hrmguide.co.uk/diversity/bodman.htm

very poor example & not at all relevent to your "case".

that was for a successor.

have a look for colleague cases.

hedger

1984ReturnsForReal wrote: »

very poor example & not at all relevent to your "case".

that was for a successor.

have a look for colleague cases.

quite a good example imo - shows that equal work deserves equal pay. my wife can prove that she does equal work to her male colleague - the case above shows if the role is equal (or broadly) similar then companies must have a fair pay structure in place. there seems to be a lack of equal pay cases because most get settled before court or a case never gets brought because females are in the dark about male colleagues earnings (just like mine woulda been if her daft director hadnt spilt the beans).
shes an appointment 2moro with a leading employment law solicitor and the equality commission has been informed

1984ReturnsForReal_2

I bet you he/she doesnt use that example.

Thats the same job being filled by a different peron.

Its one position not two.

Good luck.

Pete111

aj2703 wrote: »

Just out of curiosity pete, say it were that they had discrimanated twoards you with reguards to pay. Can you backdate your claim to claim the full amount you've been underpaid compared to your male collegue..

There was a case in 1999 (The Levez Case) which resulted in the time limit for backdating EP awards being extended from 2 years to 6 years so to this extent I think the answer is yes.


Having looked to brush up on my knowledge here (I tend to work for companies that are very proactive in this regard so am rusty) it seems there has recently been a massive increase in equal pay claims - particularly in the public sector. Should be some interesting case law being generated on this.