Understand Your Rights. Solve Your Legal Problems
At least 10 female BBC presenters are considering legal action following last week’s news about BBC salaries above £150,000.
The women, who did not appear on the £150,000 list, are looking to take the BBC corporation to court over the gap difference with their colleagues who do the same job. The gaps in salary are up to £180,000 in some cases, and overall males were paid up to four times the amount of females each year.
Since the announcement of salaries last Wednesday, BBC females have been discussing amongst themselves how to move forward with action. The intention is clearly to bring their salaries in line with those of their male counterparts, and it appears they will achieve this in a ‘strength in numbers’ approach.
The question the BBC has to answer is can this be objectively justified or does this reveal institutional sexism?
Here, Tabytha Cunningham, Associate Solicitor at law firm Coffin Mew, responds to the prospect of legal action against the BBC. She told Lawyer Monthly: “The news that female presenters are now considering legal action following the BBC’s publication of salary information is unsurprising given the gap revealed.
“Equal pay claims could prove costly for the BBC, potentially resulting in decisions that female presenters should receive the same pay as their male comparators and arrears of back pay.
“Whether claims succeed will depend on whether they can demonstrate they are doing “equal work” and if so, whether differences can be justified by the BBC on other material factors. For example, the BBC looks set to argue that it is market forces which dictate the level of pay set for some stars.
“Whilst the BBC has suggested they could solve the problem by slashing male salaries, this is not an easy solution. Whilst they may have scope to re-negotiate contracts for independent contractors, the BBC could only alter male employees’ salaries with their agreement - failing which they would need to look at dismissing employees and offering re-employment on new terms. This could then result in unfair dismissal claims from those employees. A classic case of in-between a rock and a hard place.
“The current outcry gives those larger employers who will be required to publish some gender pay gap information from April 2018 a taste of the issues they may face.”
