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Disclosed Salary / Equal pay

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  • Disclosed Salary / Equal pay

    Hello,
    I am going to start a new new job and I have disclosed my offered salary to one of my friends(A) in that company. He told me he and his other colleagues(including a very qualified lady) in same position get lower salary. His salary is almost 7K lower than my salary and he is probably even more qualified. He probably will disclose my salary to his woman colleague and I think she is also more qualified than me. But my salary will be only 1.5K higher than my current salary and my new employer accepted this after some negotiations. I will be in probation period for more than a year. Can my employer reduce my salary if my colleagues make an equal pay claim? Am I protected or my employer can victimize me and reduce my salary?
    I am so worry because I have to pay rent and some loans and reduction in my salary can make problem for me.
    Tags: None

  • #2
    Couple of things to ask:

    1. Have you have the job offer in writing signed by the employer and have you signed and returned a copy?
    2. Have you been provided with any policies and procedes yet by the employer?
    3. If yes to my point 2 is there anything in these or your contract about staff disclosing their salary to other member so staff?

    Once I have you response to the above I will be in a better position to respond to your concerns.
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    • #3
      Originally posted by a_hello View Post
      Hello,
      I am going to start a new new job and I have disclosed my offered salary to one of my friends(A) in that company. He told me he and his other colleagues(including a very qualified lady) in same position get lower salary. His salary is almost 7K lower than my salary and he is probably even more qualified. He probably will disclose my salary to his woman colleague and I think she is also more qualified than me. But my salary will be only 1.5K higher than my current salary and my new employer accepted this after some negotiations. I will be in probation period for more than a year. Can my employer reduce my salary if my colleagues make an equal pay claim? Am I protected or my employer can victimize me and reduce my salary?
      I am so worry because I have to pay rent and some loans and reduction in my salary can make problem for me.
      Thank you very much for your response ULA. I want to sign the contract in next few days. This is a unique opportunity and I don't want to miss it but I am really worry about accepting this offer because of the consequences of this disclosure. I had some research and I found in the Equality Act Code of Practice document(attached) that:
      "153. It is unlawful for an employer to victimise a worker for bringing an equal pay or discrimination claim or for giving evidence about such a complaint. Victimisation arises if a person is subjected to a detriment, because that person has done a protected act, or is believed to have done a protected act."

      According to this document even contractual terms can't prevent disclosure of salary for equality reasons and discussing salary for equality reasons is a protected act anyway. But I am not sure if I need to prove that I have disclosed my salary for the equality reason to be protected or not? Especially because I have discussed my offered salary with my male friend(and I am a man) and each of them(my male friend or the female colleague) may use me as a comparator.
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      • #4
        The reason for my question 3 is for the very fact that there are factors that limit the enforceability of such clauses in regard to openness about pay/salary, even if they are included in contracts/policies.

        Under section 64 of the Equality Act 2010 it requires an opposite sex comparator in order to bring a claim. So, it would be your friend’s female colleague that may have the potential to raise the issue of equal pay with the company. Assuming you still join the company, then she would need to prove that your role was broadly similar in nature and of equal value to her role, if it was potentially to be used as the comparator.

        I would think she would need to have the conversation with you directly about this in order for it to be a protected disclosure and for which it would be unlawful for the employer to victimise you.
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment

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