THE UK MAGAZINE FOR ALL WOMEN WORKING IN LAW
Legal Women Magazine Equality, Diversity and Inclusion
Legal Women magazine and resources are free, join the community here to keep updated
©Copyright 2022 Legal Women Magazine and Benham Publishing. Images accredited to all contributors or Unsplash or Pixabay.
Still breaking the glass ceiling...
On 14 January, 2022, an Employment Tribunal delivered their remedy decision on Macken v BNP Paribas, that the Respondent undertake an equal pay audit. This landmark case is the first tribunal-ordered equal pay audit.
Stacey Macken, prime brokerage product manager, won her claim against the investment bank BNP Paribas, for a breach of the equal pay and the sexual discrimination provisions (*1) under Regulation 2 of the Equality Act 2010 and Equal Pay Audit Regulations 2014 (SI 2014/2559).
Macken was awarded £2 million.
The employment tribunal (*2) identified a 28 percent gap in the median hourly pay rate, a basic salary gap of 25% and a bonus gap of up to 53.3 per cent. The male comparator, who was on the same performance grade as Stacey Macken "received double the bonus that was awarded to the claimant" (paragraph 445 of judgment document). The tribunal ordered that the Respondent undertake an Equal Pay audit, under regulation 2 of the Equal Pay Audit Regulations (2014). It is to include gender pay information relating to all monetary forms of remuneration, including base pay, pension, allowances and discretionary bonus payments.
(5) Stacey Macken
Farore Law, a firm specialising in employment discrimination and equal pay, comments on the implications of the case (*3) noting that it may serve to set a precedent for further future audits to be ordered in similar cases, or to encourage employers to take voluntary audits, so as to redress the pay structures of organisations and avoid sex discrimination.
An off-shoot of the case, a group of over 100 of the UK's best businesswomen have set up a #MeTooPay campaign. It includes Dame Moya Green, the Royal Mail boss until 2018, who has publicly supported Stacey Macken's case.
The site https://genderpaygap.app/ states women's median hourly pay is less than men's at 77% of UK companies. The algorithmic 'Bot' responds to social media posts, of companies on the government Gender Pay Gap service. It picks up mentions of gender equality and International Women's Day phrases, and (*6) Dame Moya Greene, Dame MinoucheShafik and Emma Walmsley supported Macken's case responds with the company's median gender pay gap.
Molly Bellamy May 2022
Footnotes and Image credits:
(*1) An equal pay breach includes a breach of the quality clause ( ss.66,73 EqA)
And of the sex discrimination provisions in relation to pay ( ss. 39(2), 49(6), 50 (6) EqA)
(*2) This is the full 100 page ruling/judgment document from the tribunal:
(*3) Farore Law 'blog news': https://www.farorelaw.co.uk/insights/law-amp-audit