01 Jun 2016

A question about : Sexual discrimination/equal pay issue

my wife is being treated terribly in work and is now threatened with redundancy. a quick overview:
wife has been employed for 4 years as a H&S advisor in a construction co. she was employed after obtaining her NEBOSH cert. after 2 years her direct manager left and was replaced with an old timer who really hadnt a clue. around this time another male advisor joined the company carry out the same type of work. last year when she went for her annual review the director very foolishly set down the male advisors package details. after reading the letter my wife said it would be great if i earned this much however i dont - the male employee is earning Ј6500 a year more than my wife and alos receives Ј100 per month more car allowance! the director near died with embarrasment after realising his error in showing the other guys package. my wife followed this meeting up with an email to the director asking for equal pay but he said it is up to each employee to negotiate their package when they start. since then she has been treated terribly (including bein forced to work in scotland for 3 days a week) and was afraid of pushing it further (despite me urging her to).

now there is the threat of redundancies and another helpful director has told my wife in private that it is between her and the higher paid male advisor who will go. this is even before any appraisal has taken place. low and behold she was told on friday that the embarrased director and the incompetent manager will be doing her assessment!

i think its a cast iron case of equal pay and sexual discrimination. any thoughts/advice? should she take a grievance about the pay now? wud that prejudice her assessment?

Best answers:

  • Is the male advisor performing the exact same duties as your wife?
  • He is more qualified than you wife? £6500 does seem an awful difference though. And it's wrong for them to be treating her badly now no matter what the issue is regarding pay. Has she thought of raising a grievance?
    I used to work in a call centre, 6 of us started at the same time and some of us received more money than others because we were more experienced/qualified.
  • I promise I don't work for them but I would suggest these people:
    https://www.rjw.co.uk/EqualityXpress
    Don't forget that legal expenses cover you get with bank accounts or house insurance will often cover expenses to take your employer to tribunals.
    kateab
  • Working in Scotland is a perk!
  • Equal pay
  • Sounds like you have got a good case - a 7.7k difference for the same work/Quals is a big gap. The fact that the other worker is a man is also helpful to your argument. If I was their HR guy I would be concerned re the risk here (from what you have written anyway).
    Take advice (as you are doing). You may want to see how the redundancy situation pans out first however. If they make your wife redundant then I would advise this becomes a key part of the appeal/Claim against the company which should include. Unfair dismissal, Equal pay discrimination and Sex discrimination.
    Oh and take 1984's comments with a pinch of salt!
    Good luck
    P
  • The best first step is to phone ACAS and get some advice from them. It is sadly true that men are paid more than women for doing a number of jobs, despite there being legislation to stop this. It is hard to proved whether this is because one person is better at a job or if it is to do with their sex.
    I certainly don't think you have a cast iron case, there being only one other emplyee at the same level, but I do think it is worth phoning ACAS, checking your insurance re: a solicitor or having a half hour free initail interview with a solicitor and deciding what you and your wife want to do next from there.
  • Hedger.
    Good luck with whatever you decide to do. I hope your wife isnt made redundant as its a bad time to be unemployed in most industries.
    I am sure someone will be along who has been through the situation.
    As for me I know it is not as clear cut as some people on here are suggesting & you seem to think.
    ACAS is prob your best bet but they are going to be busy with all the redundancy problems their advisors have been dealing with.
    The best people on here is prob a poster called Sue something.. Have a look for her posts..
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