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Discussing Wages with Colleagues

lizrow
Posts: 15 Forumite

Hi
There is so much conflicting information on the Internet and I can't get hold of Citizens Advice. Here in the UK, what are the rules???
Really simply, I've just been frogmarched out of my office because I haphazardly in a conversation said I was leaving my current job because "I've got a job that's £30k a year so a big jump from £18k here!"
An hour later I was dismissed because apparently it says in my contract I can't discuss wages. I am SO SURE there was a ruling that states employers cannot force and therefore punish/dismiss employees for discussing pay with each other.
Does anyone have any definitive links from the likes of Gov.uk or CAB?? I will continue my search but so far I've found nothing I could potentially legitimately use in a tribunal. It's mainly just newsites..
Thanks
PS
There is so much conflicting information on the Internet and I can't get hold of Citizens Advice. Here in the UK, what are the rules???
Really simply, I've just been frogmarched out of my office because I haphazardly in a conversation said I was leaving my current job because "I've got a job that's £30k a year so a big jump from £18k here!"
An hour later I was dismissed because apparently it says in my contract I can't discuss wages. I am SO SURE there was a ruling that states employers cannot force and therefore punish/dismiss employees for discussing pay with each other.
Does anyone have any definitive links from the likes of Gov.uk or CAB?? I will continue my search but so far I've found nothing I could potentially legitimately use in a tribunal. It's mainly just newsites..
Thanks
PS
0
Comments
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Surely if you got a new job that indeed pays a lot more, does it matter? It all comes down to how long you've been there. Less than 2 years and you're wasting your time with your research.0
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It's just the gap in pay from this job to the next.0
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Depends: the NHS for example is clearly banded so you know roughly what people make, but certainly you can face disciplinary for it ( or sacked if under 2 years employment )0
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Some firms have this in contracts, so it would potentially be a disciplinary matter to do so.
However, it's clearly not gross misconduct (usually reserved for arson, assault, theft and so on ie VERY serious matters).
Once an employee resigns, it's the norm for many firms to just put you on garden leave and not work out your notice, so you don't encourage others to follow you.
But certainly appeal this purported 'finding' - if they confirm it in writing. I don't know the size of the firm, so don't know if it was just a manager 'sounding off' who knows little about HR or employment law.
If they're just trying to avoid paying you your last month's money plus pay in lieu of notice, it's a silly move on their part and is potentially actionable (as is sacking someone on the spot to avoid payment of an annual bonus the following month).
I don't know your bargaining power or employment history, but usually a polite email to a Director works wonders, ie confirming your resignation and requesting the same will be the reason provided on any references. Failing an amicable remedy, seek an employment law solicitor who should be able to resolve things with just 1 email/letter.
[Incidentally, the Equality Act 2010 may have been what you were thinking of, as this has made it very difficult for employers to rely on any such gagging clauses in reality, as employees can always just claim that they were discussing salaries in order to see whether any discrimination existed.]Please be polite to OPs and remember this is a site for Claimants and Appellants to seek redress against their bank, ex-boss or retailer. If they wanted morality or the view of the IoD or Bank they'd ask them.0 -
How long have you worked there?0
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Hi Mersey - thank you so much for the reply.
Having looked at my contract and had a good think about what was said by the head of HR who attended the meeting, I do think I am on garden leave which should mean I will be paid until the end of my notice I believe?
I've worked there 5 months - passed my 3 month probation.0 -
http://www.thisismoney.co.uk/money/experts/article-1698485/Can-I-discuss-my-pay-with-colleagues.html
It would appear from that article that contracts can include this ruling but it is unenforceable under the Equality Act 2010, however if you had less than 2 years' service with this employer, the issue is moot.0 -
Hi Mersey - thank you so much for the reply.
Having looked at my contract and had a good think about what was said by the head of HR who attended the meeting, I do think I am on garden leave which should mean I will be paid until the end of my notice I believe?
I've worked there 5 months - passed my 3 month probation.
Have some holiday then.
You're going from an £18k job to a £30k job and you want to take your employer to employment tribunal....why? Just let it go and move on to the next job.:footie:Regular savers earn 6% interest (HSBC, First Direct, M&S)
Loans cost 2.9% per year (Nationwide) = FREE money.
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Probation is an irrelevance in terms of dismissal. But yes, if you are on gardening leave, which you should be in these circumstances, you will be paid to the end of your contractual notice period (or statutory if there is no contractual) and you will be paid for any untaken leave that has accrued up to that time.0
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Hi Mersey - thank you so much for the reply.
Having looked at my contract and had a good think about what was said by the head of HR who attended the meeting, I do think I am on garden leave which should mean I will be paid until the end of my notice I believe?
I've worked there 5 months - passed my 3 month probation.
If you are not sure, I'd suggest an e-mil to HR to say something like "I understand from my conversation with you yesterday that you have placed me on gardening leave and do not require me to attend the office during my notice period. Please confirm this."All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0
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