Telling people my rate of pay - is it a breach of Data Protection Act?

Pete*G_4

Just a quick question, hopefully someone will be able to answer with a link to a government approved resource as it will help me no end with a "work issue" I'm having at the minute

The crux of it is that I am being investigated by my employer for breaching the DPA by divulging the difference between my rate of pay as an employee fully qualified & accredited in my field, and the NMW as paid to unqualified members of staff.

They state that my "conduct risks the company's reputable status", and that I am in "breach of confidentility", making reference to the DPA.

HOWEVER... my comments (which I admit I made but which have been taken out of context) made no mention of the company or any other employee, or of any other information other than the difference in my weekly pay and that of someone who would be earning the NMW.

How can this be a breach of the DPA??!!

Andy_L

Seems unlikely to be a DPA issue, however it may be a breach of your contract to discuss your pay.

Pete*G_4

nothing in my Statement of Employment Particulars as far as I can see

terra_ferma

DPA provides rights to individuals whose information is being handled, not the other way round.
I can't comment about divulging pay, as in my line of work pay scales are public knowledge. In the private sector is probably different.

Do you employers want to keep salaries confidential because they may be discriminating by paying some categories of people more than others (for example women/older/younger people paid less for the same job and same level of competency)?

You may want to contact ACAS, they should be able to advise you.
http://www.acas.org.uk/index.aspx?articleid=1410

PlutoinCapricorn

The NMW amount is public knowledge. You have not revealed non-NMW salaries of other people, so how can this be a breach of the DPA?

What about company policy? Does that say that you should not tell anyone how much you earn? It all seems crazy to me.

Pete*G_4

Thank You terra_ferma, however my understanding of the DPA based n the training I've received in every place I've worked is that it relates to ANY information given to ANYONE by nother party, for ANY reason. As such if I was told that the standard pay rate for a Manager was £1 an hour, then that'd be covered.

My question is however, that my pay rate is exactly that - MINE. Therefore as it relates to me then surely it's up to me who I tell? Also, the whole point is I haven't said what I'm paid, I pointed out the difference in my weekly pay compared to someone on NMW, but as a gross weekly figure. No mention of how many hours a week I work was made, so no calculation can be drawn to work out my hourly pay rate!

EDIT - PlutoinCapricorn you posted whilst I was typing. That is exactly my thinking, I'm just asking in case anyone can find anything on the BERR/ACAS/DirectGov/CAB websites that I've missed somehow...

PlutoinCapricorn

Is there an official Company Policy document, and were you given a copy?

If so, and there is nothing is this and nothing in your contract of employment about revealing salaries then how can you have done anything wrong?

Pete*G_4

There is a staff handbook, but nothing in there states I cannot tell people what I earn (which as stated above, I didn't). There's nothing in my contract either as far as I can see.

PlutoinCapricorn

DPA and associated information:

http://www.ico.gov.uk/what_we_cover/data_protection.aspx

partyprincess

From what you say if your employer did try to take action against you then they won't have a leg to stand on due to the fact that it has never been communicated to you either verbally or written. I can't point you towards any helpful resources I'm afraid but don't let the situation worry you as you are not in the wrong here judging from the information you have provided.

Nitha

Ugh my company has a no salary discussion policy which irritates me. My other half works for the same company so I know his earnings and there is a huge difference in his favour despite the fact he has fewer qualifications and experience. But I'm not allowed to use this knowledge to discuss my rate of pay even though our salaries are paid into the same account. I'm sure the policy is there to hide things such as gender bias, but without knowing other salaries how could one ever prove it?