According to Harvard Economist, Claudia Goldin, by and large women receive equal pay for equal work in the US. Introduction Women have been experiencing pay discrimination for centuries and unfortunately it continues to do so today. The Equal Pay Act of 1963 says sex-based pay discrimination is illegal, meaning your employer must pay you the same amount as one or more coworkers of “the opposite sex” who work in the same establishment and do equal work, under similar working conditions. This is called a personal injury. 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. It affected my confidence evenafter I started my new job. There are various factors a tribunal will take into account when deciding how much to award for injury to feelings. Let us know, Copyright ©2021 Citizens Advice. EU countries must end all discrimination … You can claim compensation for injury to feelings for almost any discrimination claim. To work out how much you can ask for, you need to consider what a tribunal can order your employer to pay you if you win your discrimination claim. Motoring organisations like the AA or RAC can give you an idea of how much it costs to run a car. 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. 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. 2 INJURY TO FEELINGSI was devastated to lose a job I was enjoying. We use cookies to improve your experience of our website. The facts of your case will be different and you’ll be asking for different amounts. The Equality and Human Rights Commission (EHRC) inquiry follows complaints that female workers … What Pay Inequity Looks Like at Highest and Lowest . All content is available under the Open Government Licence v3.0, except where otherwise stated, Types of discrimination ('protected characteristics'), Definition of disability under the Equality Act 2010, Reporting an accessibility problem on a public sector website, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases, a Roman Catholic school restricting applications for admission of pupils to Catholics only, employing only women in a health centre for Muslim women, application forms, for example providing forms in Braille or audio formats, aptitude tests, for example giving extra time to complete the tests, interview arrangements, such as providing wheelchair access, communicator support, making sure the workplace has the right facilities and equipment for disabled workers or someone offered a job, promotion, transfer and training opportunities, work-related benefits like access to recreation or refreshment facilities. Please tell us more about why our advice didn't help. You might get one if your employer meant to hurt you or if they were rude or dismissive at the hearing. Past loss of earnings from 18 December 2017 to 16 June 20186 months’ losses, at £1,400 a month = £8,400DEDUCT the Jobseeker’s Allowance I received - £1,900Total loss of earnings: £8,400 - £1,900 = £6,500, Future loss of earnings from 17 June 2018I think it could take another 6 months from the 17 June 2018 (the date of thiscalculation) to find a job that pays the same as my old job.6 months future losses at £1,400 per month = £8,400. If you got an annual tax statement that will show the value of the benefit. You could do this by keeping: You’ll be expected to claim any welfare benefits you’re entitled to. Ahmed … 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. It’s helpful to start your schedule of loss with a background section setting out important dates and amounts. The BBC has spent more than £1million on legal fees in three and half years to fight equal pay and race discrimination cases brought by its own staff. Your claim for financial loss can be reduced if you got money from a new job, temporary work or benefits. The BBC has spent more than £1m on legal fees fighting equal pay and race discrimination cases brought by staff, it has been disclosed. Advice for people affected by child abuse. The BBC has spent more than £1m on legal fees fighting equal pay and race discrimination cases brought by staff, it has been disclosed. Direct discrimination is when a woman is paid less than a man for the same job. Introduction to the Citizens Advice service, Future of advice: our strategic framework 2019-22, Vento v Chief Constable of West Yorkshire Police (2002). They could argue that the adjustments wouldn’t have worked and that you’d have been dismissed anyway. You can claim for the emotional distress the discrimination has caused you - this is called ‘injury to feelings’. These are called ‘heads of claim’. The minimum award for injury to feelings should be around £1,000. Since July 2017, the corporation hired external solicitors to spend 2,688 hours on equal pay and race discrimination employment tribunals claims. Your loss will be the difference between the SMP you would have got and the MA you will get. 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. You’ll get more compensation if the tribunal thinks it will take you longer to get a job. 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. If you ask for an unrealistic amount, the tribunal won’t pay much attention to your schedule of loss. The SMP and MA rates are the same except for the first 6 weeks when SMP is 90% of your normal pay. Thank you, your feedback has been submitted. You can also claim compensation if your new job has benefits that aren’t as good as your previous job - like if your old job had a final salary pension scheme but your new one doesn’t. 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. Asking your employer for changes to help you if you’re disabled, Deciding what to do about discrimination at work, Gathering evidence about discrimination at work, Taking action about discrimination at work, From the date of your dismissal to the start of your maternity leave. People normally estimate in 3-month blocks - like 3, 6, 9 or 12 months. You’ll need to think about the 3 different periods set out in this table: Any maternity benefits you’ve lost. If they don’t, you might be able to claim Maternity Allowance (MA). This list is called a ‘schedule of loss’. You can make a claim to an employment tribunal or negotiate a settlement agreement with your employer. The most recent statistics from the ONS’ Annual Survey of Hours and Earnings (ASHE) – published today - show that the mean gap for full time workers is 13.1%. 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. 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. 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