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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70435
Experience:  Qualified Solicitor
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Grievance meeting, London, appeal, Pay gap due to race

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Grievance meeting
JA: Where is this? It matters because laws vary by location.
Customer: London
JA: What steps have been taken so far?
Customer: appeal
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Pay gap due to race discrimination

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

What do you specifically want to know about this, please?

Customer: replied 16 days ago.
Hi Ben, I raised a grievance regarding pay gap. The employer carried out investigation and concluded that they have done nothing wrong. They told me that I can appeal. But I am don't think it would make any difference because they wont prove themselves wrong. (the employer is a small company and the boss is the next appeal manager). My question is that what other option can be? Thanks.

Thank you. You only have two options really – one is to appeal anyway and just show that you have given them a fait chance to deal with this; the other is to forget the appeal and consider a claim in the Employment Tribunal for the alleged discrimination on which you believe there is a pay gap. That is pretty much it to be honest and I suggest you still appeal as you have nothing to lose by doing so.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 16 days ago.
Thanks for your reply. I’m concerned about the timeframe because it takes them 5 weeks to get the grievance outcome. I understand there is a 3 month limit to a tribunal claim. Also this long wait is affecting my mental health. Would the appeal do any good for the tribunal claim?

It will mainly show that you have followed due process and not jumped at legal action, but if time is running out then you will not be blamed for claiming without either making or finishing the appeal.

Customer: replied 16 days ago.
Thanks for your help. I found a company financial file with everyone’s salary on it. Can I use it as evidence? I understand that it’s confidential.
Customer: replied 16 days ago.
But it’s in the public folder and everyone has access to it.

If it was publicly available and you did not access it in any way you shouldn’t, then yes

Customer: replied 16 days ago.
Thanks. Before the grievance the boss told me to sign a NDA and he would give some financial compensation in return. But now he says he doesn’t recognise it. Luckily I recorded this conversation privately. Can I use it as evidence of them accepting liability?

Not really as such offers are not made on the basis of acceptance of liability, they are just used to settle a claim without the need for formal action but that does not mean they have accepted liability

Customer: replied 15 days ago.
Thank you. I asked in the meeting if they could provide me the salary of my comparator but they refused, saying it’s confidential. Is there any way I can request my comparator’s information from the company?

No, not at this stage you cannot as that is indeed confidential and they are not obliged to release personal information about others without their consent. But if you already have that information because it was left on public display and you had not unlawfully accessed it, you can always state that you are aware of it. Also, if you were to pursue a formal claim in the Employment Tribunal you can always ask for such information to be disclosed as part of the evidence

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