The gender pay gap: 5 key things employees need to know

With the deadline for companies to publish their gender pay gap data looming, all private sector companies and charities are required to publish their data by 5^th April 2022.

But what exactly does the gender pay structure mean for employees? What can you do if you believe you are being unfairly paid based upon your gender? And what steps can you take if your employer refuses to close the pay gap?

Gillian Jenkins, Solicitor at DAS Law, explains what your rights are and how to take action.

I suspect a colleague of different gender who does the same job as me is being paid more. How do I raise this with my employer?

You can either raise your concerns with your manager to see if they can address your concerns, or you can submit a grievance to have your concerns addressed in a more formal way. Your employer should have a formal grievance procedure in place, but if not, a grievance can still be raised in the form of a letter/email setting out your concerns and the information that you want to draw to your employer’s attention.

Are employers legally obliged to pay the same salaries to all employees who are doing similar jobs?

Although the Equality Act 2010 broadly sets out that women and men should be paid the same for doing similar jobs, the law on equal pay is very complex.  If an employer can evidence that there are genuine material factors as to why employees are paid differently, the employer would be able to defend a claim for inequality in pay.  Such factors can include things such as, experience, qualifications or based on appraisal ratings for performance.  If you feel that you are being paid a lower salary due to your gender, it is advisable to seek legal advice at the earliest possible opportunity.

If I raise the issue with my employer, will it affect my employment and chances of promotion?

If you raise a complaint or grievance relating to equal pay, your employer cannot treat you less favourably for having raised this.  When you raise a complaint of equal pay you are arguing that you have been treated differently to an employee of a different sex.  To then punish you for raising this complaint by overlooking you for promotion for example, could be argued to be an act of victimisation, which is a type of discrimination.

If my employer refuses to acknowledge the situation, what steps should I take?

You have a right to raise a grievance through your company’s grievance procedure if you have any complaints in relation to your employer or employment situation.  If you wish to raise a grievance you should ask your employer for a copy of their grievance procedure. If they fail to deal with your grievance, you should take legal advice about the next steps, which potentially include issuing a claim against your employer at an Employment Tribunal.

Is my employer obliged to reveal details of the company’s gender pay structure?

As a result of government legislation passed in 2017, employers with 250 employees or more must report on their gender pay gap and gender bonus gap. They must then publish this information each year.  The information must be published on both your employer’s website and on a government website.