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5 Role specific pay rates disclosure upon request - UK law?

Bobby | 0 Posts

21 Apr, 2020 00:22

Dear all,

I have a question that I have searched the web for an answer, but I seem to be unable to find one.

Imagine you are asked to release information regarding a specific role in your company, lets say IT administrator, and you have the following scenarios outlines below.

{

Useful context, the company pay structure starts at level 1 to 5 and each level has spine points 1 to 3 with difference in pay.

- Level 1 you might be paid up to £16k flat

- Level 1.2 might be paid up to £17.400

- Level 1.3 might be paid up to £23k

- Level 2 might be paid from £24k to £30k depending on their spine points - 1 to 3.

Each role in the business is mapped within a certain level range, for instance the IT admin can be 2.1 to 2.3 and the next level 3.1 is IT coordinator. Whilst some roles can also fit more than one level and start at 2.2 to 3.2 for instance for IT Advisor. In those scenarios, the pay for IT admin at SP 2.3 might exceed IT advisor at SP 2.2 even though the role is a level down in terms of seniority.

}

Hope this makes sense.

The scenario:

1. The person requesting the pay rates for the role of IT admin for 2020 is the IT admin himself. The reason is unknown but he wants to know what the company pays for people at his pay rate which happens to be between level 2.1 to level 2.3 on the pay grade for the role, not his individual circumstances.

2. The person requesting that information is the IT department manager, the reason behind the request is unknown, but likewise he wants to know the IT admin pay rates which fall between level 2.1 and 2.3 on the pay structure of the business.

3. The IT department manager and the IT admin both request this information, two separate requests, but not for their region which is London, but for the region of the North West that is managed by a different IT department.

4. A party requests that information for unknown reasons, but for the sake of the question lets imagine the two versions of the request below:

A) one they refuse to disclose but want that information;

B) and two they say it has to do with mortgage application, tax or personal financial reasons, and are unwilling to have the bank or financial advisor request the information on their behalf, thus they wish to obtain the information directly from us.

- scenario one, in both cases A & B, the person is an employee who does work for IT but not as admin, can be lower level role or higher

- scenario two, in both cases A & B, the person is an employee but does not work for IT, can be communications or PA

- scenario three, in case A , the person is external body such as the ICO, HMRC, court of law, Union.

- scenario four, in case A, the person has nothing to do with the business per se, BBC reporter for example or legal body (not involved in any payment litigation with the business) or even a UNION rep without ongoing dispute.

I am aware that usually when the request is internal and from a person with reasonable motives and capacity we will supply the data, for instance like a manager who might want it to know what to offer a potential job applicant.

However, what would your reply be for the other cases? Also, is there any specific law that you can refer me to or any best practice guide that explains why you would make that decision? I want to have it black and white in case I even need to justify authorising such a request and so I can learn for my personal benefit. This is mainly for when dealing with external bodies.

Thank you

Kind Regards,

Bobby

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David | 0 Posts

21 Apr, 2020 07:20

Hi Borislav

If I’ve understood your queries / scenarios correctly, these seem to me to be salary administration matters regarding which a very clear distinction has to be maintained both between the structure itself and individuals within it and between what’s contractual or normal salary progression and what’s possible or hypothetical but not to be expected.

In my experience, it isn’t usual except in the public sector to have anything like as prescriptive a salary structure as you describe. Salary bands and ‘normal’ progression paths within them are usually indicative of normal salary admin practice but are usually not a contractual right in any way and can be and are departed from at management discretion.

Possibly such as statutory disclosure requirements in eg an unlawful discrimination or equal pay claim might require issue of a summary of an employee’s salary progression prospects as well as of course discretionary release of similar information to eg mortgage lenders and other legitimate and necessary enquirers.

I cannot recall any of the matters you’re asking about ever having arisen as any significant problem over the past 30 + years I’ve spent in HR, so personally wouldn’t advocate worrying about hypothetical scenarios too much.
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Bobby | 0 Posts

21 Apr, 2020 12:53

In reply to David:
Hi David,

Thank you for your answer.

The reason I asked this hypothetical multi-scenario question is because I work as an HR Coordinator and sometimes I am asked for pay rates to be disclosed by Facility Managers and Coordinators employed by the business. This is usually a case where they want to know the annual and the hourly pay rate for certain job roles such as the IT admin in my scenario above.

Please keep in mind that I am not talking about the pay of a specific employee, I am talking about purely the pay rates of a role that falls under certain level range and salary range associated with that level.

I am also asked to disclose pay rates by external bodies, usually law firms and sometimes family members of employees working for the business that find excuses to request the information. Some examples are that the employee is a cleaner from Nigeria and does not speak good English (don't ask how they were employee in the first place) hence they want to know on behalf of the said employee in order to use that information for family financial purposes etc.

My concern is in what circumstances am I allowed to disclose pay rates and in what circumstances am I not allowed to disclose any pay rates? My manager is always vague on this and she always finds ways to put me in a situation where I have to make the executive decision whether to disclose or not. Therefore I wanted to know if there was any black and white guidance or rules regarding disclosure of pay rates for the business since its not employee specific but for the overall business and the different roles that exist in general.

Kind Regards,

Bobby
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Jules | 0 Posts

21 Apr, 2020 13:22

In reply to Bobby:
I would state GDPR in giving information to a relative. Certainly, any employee should have basic English language skills also. I had this at a hotel I worked at, apparently it was ok as the Head Housekeeper also spoke the same language. It made it impossible for them to do their statutory training on H&S. Another where I worked for one of the big 4 supermarkets, was no basic English no job.
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Ray | 0 Posts

21 Apr, 2020 14:14

In reply to David:
Simplified answer
Unless your salary scales are contractual and published, you are under no specific legal obligation to provide the information - except where compelled in a tribunal as evidence.
Different companies have different approaches as to how "public" salary scales and individual salaries actually are. None are right or wrong, and what works will depend on the culture of the specific company.
I've known US companies who, when salary reviews occur, simply put everyone's name and new salary on the notice board - I would never do that in France where money is taboo.
Many companies will publish broad salary bands for general information purposes - often where management has an open culture on this type of information and is comfotable discussing, shaaring and (if necessary) defending it. The downside is that those whose salary is below grade mid-point will naturally challenge hy others earn more than them. A mature management can cope with this - a less mature management will handle it less well.
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Bobby | 0 Posts

8 May, 2020 18:40

In reply to Ray:
Hi Ray,

That was a perfect explanation. Thank you very much. We are not open enough like the US businesses but not closed off like French businesses. We do have pay scales that show salaries from one range to the other for each of the employee bands/levels. Thank you once again :)

Kind Regards,

Bobby
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