Many equality legislations have been written and discussed over the years. Yet, unfortunately, senior professionals are still being paid unequally for equal work, and this is prevalent in high-profile sectors where employees find that pay structures are blurred and unequal. For individuals in a senior position within a company, challenging this kind of inequality can feel isolating, have potential implications and be seen as a risky move.
At Nationwide Employment Lawyers, we provide confidential and expert support to senior professionals who are experiencing and navigating pay inequality. We take pride in our ability to challenge this with knowledge, experience, clarity, confidence, and, of course, the law.
What Does Equal Pay Mean?
The Equality Act 2010 states that individuals are entitled to the same pay as colleagues doing equal work. This is not only the case for base salaries but also for bonuses, pension contributions, additional company perks, and contractual terms. This protection is for individuals who work at all levels in a company.
Through the work we do, the research we undertake and the clients we work with, we have found that for some individuals in management positions or senior roles, salaries can be more bespoke, making it more complicated to identify or prove inequality. However, this does not mean there is no inequality. We work with many senior employees who find out they are being paid significantly less than a counterpart who is doing a similar role.
If this resonates with your experience, it is important to know you do not have to navigate it alone – support and legal advice is available.
Spotting Unequal Pay at Senior Management Level
At Nationwide Employment Lawyers, we understand that identifying unequal pay is not always straightforward, especially in senior management roles where salaries and benefits can often be more tailored. There are, however, three key areas where pay inequality can often be identified:
- Similar Roles – Where individuals are doing broadly the same job with similar day-to-day responsibilities.
- Equivalent Work – Work that has been assessed through a formal job evaluation scheme and identified as equivalent.
- Work of Equal Value – Different roles that require a similar level of skill, effort, and responsibility.
In senior positions, we have found that pay gaps can sometimes be hidden behind performance-related bonuses or subjective views of someone’s value to the business. As a result, at Nationwide Employment Lawyers, we strongly recommend keeping clear records on your salaries, roles and experiences, and seeking expert legal advice. This can all make a huge difference in evidencing and proving the inequality.
Leadership and the Equal Pay Challenge
Unequal pay can be a result of broader cultural inequality, and as a result, it can undermine everything you stand for as a senior member of staff. We know how difficult it can be to speak up, and this can be especially hard when you are in a more visible role. Voicing concerns about inequality can raise alarm bells within the organisation, and you may even manage the people who are responsible for the pay decisions.
However, we also know that staying silent comes at a cost. Not only to your sense of fairness but also to your professional identity, reputation and sense of duty. We are here to help our clients understand the legal protection available to them, explaining their rights and the options available if they experience unequal pay in the workplace.
How We Support You in Making a Claim
At Nationwide Employment Lawyers, we understand how daunting it can be if you are in a position where you need to raise an equal pay concern. If you are thinking of claiming under the Equality Act 2010, then time is crucial. A claim must be brought while you are working under the same contract where you identified the inequality, or within six months of your contract ending.
We are here to guide you through every step of the process. This includes identifying a suitable comparator and by that we mean someone who is undertaking equal work in the same or associated organisation, whether past or present. We will also support you in preparing a clear, evidence-based case, which includes using a statutory questionnaire to uncover how your pay compares and whether your employer acknowledges the roles as equal.
If a claim is put forward, then your employer must justify any differences in pay and explain why. If they fail to do so and the Employment Tribunal rules in your favour, you could receive up to six years’ worth of back pay and interest. We are here to make sure you are treated fairly and that your claim is taken seriously.
Taking Legal Action
At Nationwide Employment Lawyers, we have a team of experienced lawyers and attorneys, and we are here to help you:
- Understand your rights
- Protect your reputation
- Navigate potentially complex pay structures
- Challenge unfair treatment
- Work positively towards organisational change
We will combine our knowledge, expertise and understanding of senior roles and responsibilities to support you. So, whether you want to quietly resolve an issue or take a firmer public stand, we are here to help you do it on your terms.
Seeking Further Advice on Equal Pay?
At Nationwide Employment Lawyers, we are proud of our experience and in-depth knowledge of employment law. We can assure you that we understand the equal pay landscape and the specific legislation surrounding it. We have worked on an abundance of high-level cases over the years, and we can guide you through the process of making a claim.
If you find yourself in a position where you are experiencing unequal pay and want to understand your rights and what options are available to you, then please get in touch. We are here to offer honest legal advice and navigate the path ahead with confidence. Contact our employment law specialists today by calling 0333 242 3851. We are here to help.