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. The income and benefits you would have been paid during this time.   The European Commission divides discrimination, as it impacts the EU wage gap, into several categories. Let us know, Copyright ©2021 Citizens Advice. 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. You’ll need to explain your situation and how many jobs like that are available. Establishing equal pay for equal work. 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. EU countries must end all discrimination … Put your name and ‘Schedule of loss’ at the top of the page. This means that employees are protected from being disadvantaged because they have raised a complaint. These will be taken out of any compensation you get. The rate of interest is currently 8% a year. If so, you can make an additional claim for personal injury. In some rare cases, you might have had a physical injury or a more serious mental health problem. Pay protection will provide employers with a valid material factor defence in some cases, depending on the precise circumstances. The law against compensation discrimination includes all payments made to or on behalf employees as remuneration for employment. Working out how much compensation you could get will help you decide what to do if your employer offers you money to stop the case from going to tribunal. 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. Indefinite pay protection arrangements are still best avoided as a less discriminatory means is often to phase out the differential over time. She wrote her schedule on 10 August 2018. You’ll have to deduct this from your claim for loss of earnings. Equal pay and other forms of discrimination. The facts of your case will be different and you’ll be asking for different amounts. Please tell us more about why our advice didn't help. 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. making a complaint or allegation about equal pay or sex discrimination (unless it’s both untrue and made in bad faith) giving evidence or information about such a complaint. The law protects you against discrimination at work, including: Some forms of discrimination are only allowed if they’re needed for the way the organisation works, for example: If you’re disabled you have the same rights as other workers. You should: You’ll need to show you’ve tried to minimise your financial losses - this is called ‘mitigating your loss’. 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. The law protects you against discrimination at work, including: dismissal; employment terms and conditions; pay and benefits; promotion and transfer opportunities We use cookies to collect information about how you use GOV.UK. The tribunal can order them to pay compensation for: You might have other claims as well as discrimination. You might also have had extra expenses - like the cost of going to the Jobcentre to sign on. All forms of compensation are covered, including salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits. If you weren’t planning to go back to work after your maternity leave, you can’t claim any loss for this period. It affected my confidence evenafter I started my new job. In line with EU law, people who have suffered pay discrimination can take legal action without fear of retaliation from their employer. According to Harvard Economist, Claudia Goldin, by and large women receive equal pay for equal work in the US. 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. All rights reserved. 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 makes clear that pay discrimination claims on the basis of sex, race, national origin, age, religion, and disability accrue whenever an employee receives a discriminatory paycheck, as well as when a initial discriminatory pay decision or practice is adopted. 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. Find out how to complain about your doctor or health visitor. 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. Pay discrimination also occurs when a difference in pay has an unlawful basis such as race or sex. The rules on interest are in section 139 of the Equality Act 2010. If it thinks you would have been dismissed 6 months later, it’ll only award you 6 months’ compensation. I’m thereforeclaiming £9,000. Read our advice on working out what you can claim for unfair dismissal. A tribunal can award you interest on the injury to feelings and financial loss parts of your compensation. This means they’ll have discriminated against 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. People normally estimate in 3-month blocks - like 3, 6, 9 or 12 months. 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. Discrimination is the most significant factor driving the gender pay gap in Australia, according to a new report by KPMG. 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. We’ll send you a link to a feedback form. BBC tops £1m on legal fees fighting equal pay and race discrimination cases - Press Gazette pressgazette.co.uk - By PA Media Twitter. Citizens Advice is an operating name of the National Association of Citizens Advice Bureaux. Researchers attributed gender discrimination … 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. 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. Introduction Women have been experiencing pay discrimination for centuries and unfortunately it continues to do so today. You can change your cookie settings at any time. Pay differential based on past discrimination would be unlawful. 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. 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