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What Is a “Relevant Pay Disclosure,” and When Does the Equality Act Protect It?

There is a UK law that can protect you when discussing your salary with colleagues — but the protection is often misunderstood.

 

Quick answer: Section 77 of the Equality Act 2010 protects what is called a “relevant pay disclosure.” A pay discussion becomes relevant when it is made to determine whether pay differences are connected to a protected characteristic, such as race, sex or disability.

 

What Counts as a Relevant Pay Disclosure?

A pay discussion is “relevant” under Section 77 when it is made to find out whether a difference in pay is connected to a protected characteristic. For example, two colleagues may compare their salaries because they suspect that race, sex, disability or another protected characteristic is affecting how much one of them receives.

What Protection Does the Law Provide?

A contractual term attempting to prevent that particular discussion is unenforceable. An employer must also not subject a worker to a detriment for making, or seeking to make, the protected disclosure.

What the Law Does Not Cover

This is not a general license to disclose confidential payroll information or another employee’s personal data. The legal protection depends on what was disclosed, why it was discussed, and what the employer did afterwards.

 

Frequently Asked Questions

What law protects employees who discuss their pay?


https://www.legislation.gov.uk/ukpga/2010/15/section/77Section 77 of the Equality Act 2010 protects a “relevant pay disclosure” — a pay discussion made to determine whether pay differences are connected to a protected characteristic.

Can an employer stop me discussing my salary with colleagues?

 
A contractual term attempting to prevent a relevant pay disclosure is unenforceable, and an employer must not subject a worker to a detriment for making or seeking to make that disclosure.

Does this mean I can share any confidential payroll information?

 
No. The protection is not a general license to disclose confidential payroll information or another employee’s personal data. What is protected depends on what was disclosed, why it was discussed, and what the employer did afterwards.
 

What should I do if I think I am experiencing pay discrimination?

Keep the relevant records and obtain legal advice.

Conclusion

Section 77 of the Equality Act 2010 gives employees a specific, limited protection: it makes unenforceable any contract term that tries to stop a relevant pay disclosure, and it prevents an employer from penalizing a worker for making or seeking one. It is not a blanket right to share confidential pay data. Whether the protection applies depends on what was disclosed, why, and how the employer responded.

If you believe you are experiencing pay discrimination, keep the relevant records and obtain legal advice.

Disclaimer: This article is for general information purposes only and does not constitute legal advice. Employment law is fact-specific; you should seek professional advice on your individual circumstances. Alpha Shindara Legal accepts no liability for actions taken in reliance on this content.

 

 

 

 

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