You might remember our January article ‘How do I claim equal pay?’ We wrote about journalist Samira Ahmed, who accused the BBC of paying her unfairly compared with Jeremy Vine.
Jeremy was paid up to £3,000 per episode for presenting Points of View on BBC1, while Samira received just £440 per episode of Newswatch on BBC News.
The BBC tried to argue that the difference in pay was justified because Jeremy was required to “be cheeky” and have a “glint in his eye”. However, the corporation didn’t convince the judging panel at the Tribunal that this level of humour translated into a skill or experience, especially as Jeremy read from a script.
The Tribunal therefore concluded that the pay difference amounted to sex discrimination, and Samira won her case.
Samira and the BBC have now reached a settlement. She was claiming almost £700,000 in back pay, but the amount she actually received is confidential. It’s not surprising, as non-disclosure often forms part of a settlement agreement.
The BBC has declined to appeal against the ruling.
What this means to you
Non-disclosure can be one of the bargaining tools we use when negotiating a settlement agreement on behalf of our clients, because an employer might be willing to pay more in return for your secrecy about the deal.
This is especially true in a case like Samira’s, when she is continuing to work at the BBC.
There are other negotiation tools we can use such as:
- Agreeing an exit package
- Negotiating a pay rise going forward as well as back pay
- Increasing historic pension contributions
Although it is technically possible for you to conduct your own negotiations, it will usually benefit you to use a specialist solicitor like us, because we know all the bargaining chips that could help you win a better settlement.
For example, Samira was supported by the National Union of Journalists in her case.
What’s more, your employer will usually pay our costs, so you have nothing to use.
Finally, you are legally obliged to take independent expert advice before you sign any settlement agreement, so it’s wise to involve us early.
If you believe you’re underpaid compared with someone of the opposite sex who does a similar role, let us know – we’ll tell you if you have a case and your chances of winning.
Further reading
For more information on this subject, you might find our other articles useful:
- How do I claim equal pay?
- Have you been watching the BBC?
- BBC pay review and equal pay
- Am I entitled to equal pay?
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