We are undeniably in the midst of cultural change in attitudes towards gender equality and workplace discrimination, but why is this and what does this mean for employers? Contributor Nick Hawkins and Zeinab Harb are Associates at CM Murray LLP.
Here we take a look at why there appears to be a sharp increase in individuals speaking out following more allegations of workplace gender inequality – this time the former Talk Talk manager, Rebecca Burke, who is bringing a claim against her former employer after alleging that her male colleagues are paid 40 percent higher salaries and 50 percent higher bonuses.
It has for many years been unlawful to discriminate against employees because of their gender or to pay people performing the same role, or work of equivalent value, differently because of their gender. However, until recently equal pay cases have largely been limited to group claims in the public sector. Whilst Rebecca Burke’s case is still to be heard in the employment tribunal, this is the sort of story that is becoming increasingly common.
This is partly due to the introduction of gender pay gap reporting. Gender pay gap reporting obliges companies with over 250 employees to publish certain information about the averages in pay disparity between men and women. The Office of National Statistics published figures in October this year which showed that there was an average gap among all employees of around 18 percent and there have been some high-profile company reports this year which have attracted media attention.
However, the gender pay gap reporting obligations are based on specific calculations which provide information about average disparity generally between men and women in an organisation and not specifically about pay disparity between men and women carrying out the same or similar roles. Although this can provide helpful information about disparity in earnings which may be used as evidence in discrimination or equal pay claims, in reality, the gender pay gap reports are unlikely to be sufficient alone to bring a claim for equal pay. But what is clear is that the publicity around the reports has served to force the issue of equal pay onto the agenda, both for employers and employees alike.
We have seen other high-profile matters earlier this year shine a light on these issues. Perhaps most notably, there was close scrutiny over the BBC’s gender pay gap and, coupled with the #MeToo campaign, which has been the focus of tackling workplace sexual harassment, the movement towards gender equality appears much more influential in 2018.
Finally, the publicity around the introduction of General Data Protection Regulation (GDPR) in May 2018 is likely to mean that individuals are more aware of their ability to request their personal data from their employers by submitting a ‘data subject access request’. These requests can sometimes unearth information or internal emails, which might tend to suggest that there are pay disparities.
For 2019, it is important that employers are well equipped to tackle pay disparity and wider gender equality issues in the workplace, with clear prevention strategies discussed at management level as well as internal procedures in place to deal with complaints – since with the increased focus comes an increased risk for employers of claims and reputational damage.
