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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44961
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Equal pay query. Basically, I sought another job after being

Customer Question

Equal pay query.
Basically, I sought another job after being told I wouldn't receive a pay rise during a company salary review.
Two months in to my three month notice period my appointment was appointed, and much to my disbelief he is on £12,500 more than me plus benefits I never had. I was never offered any sort of pay rise, and when I asked the Directors why, I was told it was the market rate. If that is the case, why wasn't I paid or offered that? I can only assume it's gender related.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is Ben and it is my pleasure to be able to assist with your question today. Please let me know if you actually have evidence that this was gender-related?
Customer: replied 3 years ago.


How would I prove such a thing? I had a pay review a month before my replacement was appointed and was told I wouldn't receive one. If not gender related, certainly an equal pay issue?

Expert:  Ben Jones replied 3 years ago.
Equal pay can only be related to gender, so you would need to show that the reason that you were not paid the same was actually related to your gender. That is the only way you can raise an equal pay complaint.

Even if there was evidence that the reasons may be gender-related, the employer could still try and rely on the genuine material factor defence to defend any equal pay claim. This would occur where the employer can show the difference in pay is due to:
• Market forces and skills shortages
• Red circling
• Geographical differences
• Different skills, qualifications and experience

In the absence of any direct evidence you cannot do much apart from considering making a claim anyway and hoping that the employer cannot justify the difference in pay for any of the allowed reasons.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
Customer: replied 3 years ago.


We have the same qualifications, and I actually had the harder job, which I can prove. The market is candidate rich so there isn't a skills shortage. It is a very male dominated industry, and I am one of two senior females.


 


So unless I can find evidence, there is very little I can do, even though I know it's the case?

Expert:  Ben Jones replied 3 years ago.
it's a two way thing - first of all you have to find some evidence to show the tribunal that it is likely gender played a part in the employer's decision. It would then be for the employer to justify that the reason there was inequality in the pay between you was not gender related but down to some of the other allowed reasons.
Customer: replied 3 years ago.


Is it worth persuing?

Expert:  Ben Jones replied 3 years ago.
well the claim is free and you could force the employer to try and settle it instead of going to the full hearing. Then again if it becomes obvious that you don't have a case you can always drop the claim
Customer: replied 3 years ago.


what is the initiation process?

Expert:  Ben Jones replied 3 years ago.
When was the appointment of the other person made?
Customer: replied 3 years ago.


14th January 2013.

Expert:  Ben Jones replied 3 years ago.
ok you are still within time, the process can be started by filling out form ET1:

www.justice.gov.uk/global/forms/hmcts/tribunals/employment/index.htm

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