Companies employing more than 250 staff will now have to publish data to show if men are being paid more than women for doing the same role, after new legislation came in to force on 6 April 2017.
The mandatory gender pay reporting rules form part of a drive to tackle inequality in the workforce and require large employers to record key statistics designed to expose any discrepancies.
By 6 April 2018, gender pay gap reports must be published on the company website or a “searchable UK website that is accessible to employees and the public” the following data:
- The average gender pay gap as a mean and median average;
- The average bonus gender pay gap as a mean and median average;
- The proportion of men and women receiving bonus;
- The proportion of men and women when divided in to quartiles from lowest to highest paid.
Whilst at this early stage, we do not know what narrative they will provide with their data and in what form employer’s will provide their data, being able to interpret the data in gender pay gap reports may in due course assist you to draw an inference of sex discrimination to support an equal pay claim.
If you as a woman are paid less than a man who does the same or similar work, you are being put at a substantial disadvantage as a result of your employer’s pay policy, and that disadvantage is felt by all women in your organisation, then an inference can be drawn that it is something to do with being a woman that is a key determinant in why you are paid less than a man who does the same job.
Gender Bonus Gap
If you work in a job where you are paid bonus as a part of your package, then it may be helpful to examine the ‘gender bonus gap’ and the proportion of men and women getting bonuses. By comparing the way these two sets of data inter-relate you might be able to assist you to ask some questions around where you fit in that general picture, and if your bonus as a woman is likely to be less than the bonus of a man doing a similar job.
Examination of the number of men and women working in each of the quartiles will be especially useful for women who feel they have been consistently passed over for promotion for reasons relating to gender, like time off work or flexible hours. This is because a cluster of men in the upper quartiles and a concentration of women in the lower to middle quartiles could indicate that there is a “glass ceiling”.
Use your findings from examining your company’s gender pay gap report to ask further questions of your employer. You can do this through your company’s HR or by submitting an equality questionnaire or raising a pay grievance.
To read more see our Legal Advice Guide on Equal Pay.
If you do discover you are paid less than your male co-workers the best thing you can do is find representation from an employment solicitor with experience in equal pay disputes. They can then help you negotiating solutions and, if necessary, an employment solicitor can advise you on how to bring a claim against your employer.
You can call the employment solicitors at Slater and Gordon Lawyers on freephone 0800 916 9060 or contact us online and we’ll be happy to help.
Josephine Van Lierop is an employment lawyer with Slater and Gordon Lawyers based in London and Edinburgh.