My Salary = confidential information (can't disclose it)?

smallpurplepill · 20 February 2011 at 3:54PM

Hi all

I feel a bit silly asking this like there should be an obvious answer but suppose I am not thinking straight!!

Backstory: I've a lot of anxiety over various issues going back a few years and has stopped me buying a house or doing a lot of other things I've wanted to do, but hopefully been able to move on. I've also changed jobs a few times partly due to this (and other reasons). (I wasn't 'sacked' for it or anything, I've resigned and left voluntarily)

Anyway, I've been at current job for a few months and thinking again about approaching the mortgage company (We rent currently) but with the issue that according to our contracts - I just have a company standard contract - we have to keep company information confidential like customer details, processes, computer programs, company 'methods' and so on (fair enough!!) but one of the 'confidential' things is salary! Apparently including our own salary.... not allowed to be discussed with others - employees or not. It is 'Gross' misconduct if confidential information is disclosed and could be dismissed I believe.

I didn't have the full contract before I accepted the job as I was told it is just a standard contract, I only received all the details once I started the job. (I can see the company's logic in the clause I guess in that they probably don't want other companies to know what they pay their staff etc)

Now the bank obviously needs a salary figure (and proof) for a mortgage application so they know if I can afford it. By this clause though I am not allowed to give out my salary information or show them a payslip etc. So it's not possible to say I earn X and would like to borrow 3 times X... The HR would probably write a reference letter if requested by the bank ("so-and-so is employed as Office Person on a salary of £12345" etc) but I cannot get to that stage with the bank until I've given them the figures initially to base the discussion on!

Come to think of it also leaves us in a difficult position as regards renting if we have to move, not just buying. As I'm pretty sure the letting agents reference forms go into all those details.

Has anyone else come across a similar thing or found a way round it?

I've asked here rather than in the Mortgages as I think it is really about "can this clause be enforced / is reasonable" rather than "will a bank accept it".

Other people at the company have rented/bought and presumably have disclosed salary and not been disciplined for it (I assume they haven't anyway!) so wonder if this established a 'precedent' or 'custom and practice' etc...

I don't want to have to move job again as I do enjoy working there but if this clause if going to stop me from actually having somewhere to live if I want/need to move on I will have to consider my position! (The job is a fully legitimate and 'standard' job and I pay all the usual taxes etc, there's nothing odd about it.)

Thanks in advance for any help/advice!

SHIPSHAPE · 20 February 2011 at 4:28PM

I don't think a clause such as this is meant to be enforced when applying for a mortgage. It's primarily not to disclose to fellow workers.

DVardysShadow · 20 February 2011 at 4:35PM

I think that the clause is probably unenforceable - it is a load of old nonsense anyway. You can either ignore it or ask the question as to whether they would attempt to enforce it in the circumstances of procuring housing. As it was imposed after you were taken on, it is not such a strong clause anyway.