BBC tops £1m on legal fees fighting equal pay and race discrimination cases - Press Gazette pressgazette.co.uk - By PA Media Twitter. For example, a serious one-off act of harassment or where you lost your job because of the discrimination, For the most serious cases of discrimination. Advice for people affected by child abuse. This could be the difference in salary if you didn’t get a promotion. If you got an annual tax statement that will show the value of the benefit. The Equality and Human Rights Commission (EHRC) inquiry follows complaints that female workers … For example, where there's been a length campaign of discriminatory harassment, any money you've lost because of the discrimination - this is called financial loss and covers loss up to when you’re likely to get a new job if you’ve lost your job, hurt or distress you've suffered because of the discrimination - this is called 'injury to feelings', a personal injury, such as depression or a physical injury, caused by the discrimination, particularly bad behaviour by your employer - this is called ‘aggravated damages’, work-related benefits - like use of a company car or mobile phone, loss of free accommodation, staff discounts, private health or life insurance, explain the impact of the discrimination on you if it means it’s taken you longer to find a job, bring evidence to show how hard it is to find jobs where you live, have evidence of what you’ve done to find another job, a diary which shows what you’ve done to look for another job, a record of any training you’ve done to help you get a job, limitations on what jobs you can apply for - like if you have a disability or caring responsibilities, if your work is skilled or specialist so there aren’t many vacancies, you don’t have your own transport and public transport links are limited, the discrimination caused you to suffer depression and you can’t work because of it, you can’t work because your employer won’t make adjustments for your disability, you’ve been forced to go off sick because your employer won’t take steps to protect your health and safety while you’re pregnant, if the discrimination was deliberate - you’ll usually get more for harassment than for unintentional discrimination, particularly indirect discrimination (like a refusal of part-time working), how serious the discrimination was and how long it lasted, how your employer behaved after the discrimination - if they apologised and dealt with it promptly, you’re likely to get less; if they ignored it or accused you of lying you’re likely to get more, the effect on you - the more serious the effects and the longer they last, the more you’ll get, if you needed to see your GP - this suggests a more serious injury to feelings and so potentially a higher award, has deliberately discriminated against you when they knew what they were doing was against the law, or, acted in a particularly unpleasant manner when they defend your claim. If you got any welfare benefits - like Jobseeker’s Allowance - you should say so and include the amount you received. In addition to the amount spent on external counsel, the BBC also admitted its in-house lawyers had spent a total number of 2,452 hours fighting allegations of equal pay and/or race discrimination. In line with EU law, people who have suffered pay discrimination can take legal action without fear of retaliation from their employer. Motoring organisations like the AA or RAC can give you an idea of how much it costs to run a car. The BBC has admitted it spent over £1m on legal fees fighting equal pay and race discrimination cases brought by staff. Indefinite pay protection arrangements are still best avoided as a less discriminatory means is often to phase out the differential over time. Tara’s dismissal was race discrimination but she broke her ankle 4 weeks later. I took prescription sleeping tablets for 2 monthsafterwards, because I found it so hard to sleep. Major differences between EPA and Title VII pay discrimination claims. You’ll need to explain your situation and how many jobs like that are available. In March 2019, the commission launched an investigation into 40 informal and formal pay complaints, out of the 1,000 that were filed by BBC employees since 1 January 2016. Sally’s dismissed when she’s 4 months pregnant. Discrimination is the most significant factor driving the gender pay gap in Australia, according to a new report by KPMG. The BBC was billed £1,121,652 in fees for both solicitors and barristers. A tribunal would consider how long it’s likely to take for you to find something similar to the promotion - with your current employer or another one. Public television organisation British Broadcasting Corporation (BBC) has been cleared of all pay discrimination cases filed by employees, following on from an investigation by the Equality and Human Rights Commission. Don’t worry we won’t send you spam or share your email address with anyone. 3 INTERESTPast financial loss (£6,500)Interest at 8% per year on £6,500 = £520 per yearMidpoint between 17 December 2017 and 17 June 2018 = 18 March 2018From 18 March 2018 to 17 June 2018 = 92 days92 days ÷ 365 days x £520 = £131.07, Date of discrimination: 17 December 2017Date of calculation: 17 June 2018Interest at 8% per year on £9,000 = £720 per yearFrom 17 December 2017 to 17 June 2018 = 183 days183 days ÷ 365 days x £720 = £360.99. If you lost wages because you were off sick, work out the difference between what you earned and what you would have earned if you hadn’t been off sick because of the discrimination. Add the date on which you’re working out your losses. Read more about grievances or disciplinary action. Pay or compensation discrimination occurs when employees performing similar work do not receive similar pay. The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 require all private and voluntary sector employers with 250 or more employees in the UK to report their gender pay gap, based on pay data captured at 5 April each year – the ‘snapshot’ date. For example, they might dismiss you before trying to make reasonable adjustments. Your lost earnings from the date you would have gone back to work after your maternity leave to the date when you’re likely to find a new job. This can be difficult to estimate and you’ll have to make sure you have evidence to back up what you say - like job adverts showing your job was better paid than other similar jobs in the area. The tribunal can also award compensation for loss of future earnings. To help us improve GOV.UK, we’d like to know more about your visit today. Don’t ask for the maximum amount if you can’t justify it. The BBC is to be investigated over suspected past pay discrimination against female employees. Registered charity number 279057 VAT number 726 0202 76 Company limited by guarantee. Although Title VII and the Equal Pay Act (EPA) have many similarities, they also have notable distinctions that may affect your potential lawsuit (all of the points below assume the claim is against a private employer):. Find out how to complain about your doctor or health visitor. If it thinks there’s a 50% chance that you would have been dismissed anyway, it’ll reduce your losses by 50%. The tribunal can order them to pay compensation for: You might have other claims as well as discrimination. She would have worked right up to a week or two before her due date then taken her full year’s maternity leave and gone back to work afterwards. You’ll need to prove this using documents like payslips, your P60, or anything to show how much you earned, especially if your pay varied from week to week. MPs have demanded that the BBC reveal how much it spent countering claims of equal pay and race discrimination.. BBC director-general Tim … Introduction to the Citizens Advice service, Future of advice: our strategic framework 2019-22, Vento v Chief Constable of West Yorkshire Police (2002). Citizens Advice is an operating name of the National Association of Citizens Advice Bureaux. Let us know, Copyright ©2021 Citizens Advice. This figure does not cover costs of … Equal pay and other forms of discrimination. You’ll have to deduct this from your claim for loss of earnings. In one case, a tribunal awarded £2,000 when the employer tried to prove the employee was lying and wouldn’t accept he was disabled despite overwhelming medical evidence. The Act was proposed by the then Labour government, and was based on the Equal Pay Act of 1963 of the United States. It can also be reduced if there’s a chance that you would have been dismissed even if your employer hadn’t discriminated against you. Set out what money you’ve lost under this heading - like your salary, if you were dismissed or the difference in salary if you got a new, lower-paid job. Email us at info@g-s-law.com or call our New York City discrimination office at 646-524-6001 . This example is for a claim by Helen Jones who was dismissed after 6 months when her employer found out she had a mental illness. There are various factors a tribunal will take into account when deciding how much to award for injury to feelings. Employers should also make ‘reasonable adjustments’ to help disabled employees and job applicants with: If you’re discriminated against at work there are ways to deal with it. Read our advice on working out what you can claim for unfair dismissal. Employers have to follow the law on preventing discrimination at work. Claiming compensation for a personal injury, Help for victims of rape and sexual violence, Keeping your family in the UK after Brexit, Getting a visa for your spouse or partner, Discrimination in health and care services. If it thinks you would have been dismissed 6 months later, it’ll only award you 6 months’ compensation. Thank you, your feedback has been submitted. Please tell us more about why our advice didn't help. Read our advice on working out what you can claim for unfair dismissal. If you just copy this example, you might be asking for less than you could get. Discrimination law and pay systems 2018 - GOV.UK … You might also have had extra expenses - like the cost of going to the Jobcentre to sign on. From when you would have gone back to work to starting a new job, For less serious cases such as a one-off act, For cases which are serious but don't fall into the top band. BackgroundDate I started employment: 8 June 2017Date I was dismissed: 17 December 2017My gross pay: £1,900 per monthMy net pay: £1,400 per month. She thinks it will take her 6 months to find a new job. Most states have implemented laws against gender discrimination, and Title VII of the Civil Rights Act of 1964 protects women at the federal level even though disparities persist. How much you could get depends on the injury. You can make a claim to an employment tribunal or negotiate a settlement agreement with your employer. Those claims have different rules about compensation. You can get compensation for any money you’ve lost because of the discrimination. If not, you’ll have to try to work it out, for example, if you lost free accommodation, find out how much it would cost to rent something similar. Then put headings and numbered sections for each of the types of compensation you’re claiming - like loss of earnings and injury to feelings. This report looks at how developments in discrimination case law might be relevant to public sector pay structures and pay determination. You can claim for the emotional distress the discrimination has caused you - this is called ‘injury to feelings’. Equal pay for equal work is one of the European Union’s founding principles. 2. You’ve accepted all cookies. Pay protection will provide employers with a valid material factor defence in some cases, depending on the precise circumstances. Pay discrimination based on an employee's membership in a protected category like race, disability, or sex, is prohibited by anti-discrimination laws. The Act applies to both men and women but does not give anyone the right to claim equal pay with a person of the same sex - any comparison must be with a person of the opposite sex. If you haven’t been able to look for a job because you were ill, you’ll need to show evidence of that too - like a medical report. Researchers attributed gender discrimination … They could argue that the adjustments wouldn’t have worked and that you’d have been dismissed anyway. Don’t just copy this example. What Pay Inequity Looks Like at Highest and Lowest . Pay differential based on past discrimination would be unlawful. You can change your cookie settings at any time. Don’t include personal or financial information like your National Insurance number or credit card details. Establishing equal pay for equal work. If your financial loss is ongoing - like if you haven’t found a new job - say how long you think it will be before you find a new job, or one that pays a similar amount to your old one. You might have lost money for a number of reasons - like because you’ve lost your job or if the discrimination has caused you to be off sick. You can find out more or opt-out from some cookies. You might be able to claim loss of earnings and other expenses if, for example: You won’t be able to claim any loss of earnings if you can’t work for reasons which aren’t linked to the discrimination. You should ask for interest to be added to your claim. There’s no set format for one - you just need to make it clear how much you think your case is worth and why. People normally estimate in 3-month blocks - like 3, 6, 9 or 12 months. In January, Newswatch presenter Samira Ahmed won a sex discrimination equal pay claim against the BBC. These include: You might have suffered a physical injury or a mental health problem because of the discrimination. Advice can vary depending on where you live. The rate of interest is currently 8% a year. In some rare cases, you might have had a physical injury or a more serious mental health problem. The SMP and MA rates are the same except for the first 6 weeks when SMP is 90% of your normal pay. Find out more about protected characteristics, discrimination and the law. You should: You’ll need to show you’ve tried to minimise your financial losses - this is called ‘mitigating your loss’. This list is called a ‘schedule of loss’. The tribunal will expect you to explain if it would be likely to take you less time or longer. The income and benefits you would have been paid during this time. Read what we're saying about a range of issues. 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You could do this by keeping: You’ll be expected to claim any welfare benefits you’re entitled to. We use cookies to collect information about how you use GOV.UK. These are called ‘heads of claim’. Introduction Women have been experiencing pay discrimination for centuries and unfortunately it continues to do so today. The Equal Pay Act 1970 was an Act of the Parliament of the United Kingdom that prohibited any less favourable treatment between men and women in terms of pay and conditions of employment. For injury to feelings, you’ll get interest from the date the discrimination took place to the date of the hearing. If your employer pays you contractual maternity pay, claim the difference between that and any MA you get. She’ll get Maternity Allowance but won’t be entitled to Statutory Maternity Pay (SMP). Put your name and ‘Schedule of loss’ at the top of the page. Equal Pay Day is on the 14 November 2019 New gender pay gap data finds that women continue to earn less than men, on average, in Britain today. If your employer doesn’t pay you compensation within 14 days of the tribunal’s decision, you can also get interest at 8% from the date the compensation was calculated. If she hadn’t been dismissed, she would have been entitled to SMP. You’re also protected from being treated unfairly because of: Check how the new Brexit rules affect you. The BBC has spent more than £1m on legal fees fighting equal pay and race discrimination cases brought by staff, it has been disclosed. If they don’t, you might be able to claim Maternity Allowance (MA). You can ask for a higher amount for injury to feelings if your situation means you’re badly affected - like if you already had a stress-related illness when you were discriminated against. Tribunal thinks it will also make it more difficult for you to explain your situation and many. 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