The Darker Side of Equal Pay Claims
The Equal Pay Act came into force nearly 50 years ago, yet women still earn less on average than men.
Seeking to balance the scales of justice is not an easy choice. Year in and year out women challenge their pay gaps in court, despite the lack of legal advice services across the UK.
The Young Womens Trust reported more than 50 percent of the women in its November 2018 survey would not be willing to go to court, because they do not have the financial resources or are too daunted by the process. Self representation in tribunals may be the only option for those who cannot afford legal costs at present, although YESS Employment Law plans to work with The Fawcett Society via funding from the #GoFundMe and #Carrie Gracie campaigns, to provide free equal pay advice to women earning under £30,000.
Cases can take up to 18 months before finally being heard in court, as employers’ grievance processes may take months to conclude coupled with long tribunal waiting lists. Rescheduling can be also become another hurdle, highlighted by the Rebecca Burke v TalkTalk case which began in December 2018. The case was postponed to January 2020, after Rebecca’s barrister requested the tribunal panel stand down on the grounds that it was hostile to the case. She now plans to represent herself after fundraising was unsuccessful for the £40k legal fees. Is it time for tribunal equal pay workload and timetables to be monitored, measured and managed, to ensure cases are heard within shorter timescales?
The harsh reality women can face when challenging equal pay is highlighted in Kay Collins v Compass Group UK Ltd, Stacey Macken v BNP Paribas London and Samantha Walker v The Co-op Group & Richard Pennycook. All three cases have ten common disturbing hallmarks: –
The pay issue was denied or obfuscated by the employer.
The employee’s performance, which had been historically good, was later questioned and unfairly rated.
The employee was unfairly dismissed.
Life savings, home re-mortgaging and personal loans were used to fund legal fees.
The compensation from the claim did not cover the legal costs.
The cases took 3 years on average.
The employee was liable for the employer’s legal costs if the case failed.
Panic attacks, anxiety, depression, post traumatic stress and weight loss were experienced.
The claimants felt their reputation was tarnished during the process.
The claimants believe their future careers were damaged as a result of going through with the case.
These women are examples of the incredible courage needed when taking on corporate giants. They were fortunate to be able to fund their cases through to the end, and win, but sadly not without personal sacrifice.
All the women who have had to take such extreme measures by fighting in court, are winners regardless of outcome, because they cast light into the darkness of challenging equal pay. It is time for legislation review.
https://www.kathharmeston.uk
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