Am I allowed to disclose my payslip to external organisations like Sliips?
There is no general ban on employees disclosing their payslips but many Contracts of Employment contain clauses regarding confidentiality generally and specifically with regard to pay secrecy. Whilst if in any doubt you should take your own advice as to the contents of your Contract of Employment and your particular circumstances, this blog sets out some of the general principles.
Most Contracts of Employment contain a clause preventing the employee from disclosing confidential information about the business or affairs of their employer. It is arguable, but by no means certain, that what the employer pays their staff would be regarded as confidential.
Some Contracts contain specific pay secrecy clauses. These prevent employees discussing their pay but are usually limited to discussions between members of staff at the organisation.
Both types of confidentiality clause are subject to Section 77 of the Equality Act, which says that these terms are unenforceable if the purpose of the employee is making a “relevant pay disclosure”. If an employer subjected an employee to any “detriment” because they had made a “relevant pay disclosure”, the employee has redress under the Equality Act.
So what is a “relevant pay disclosure”? It has to be made for a particular purpose, which is to enable either the person giving or receiving the information to find out to what extent there is a connection between pay and “protected characteristics”, which include gender.
Sliips uses your payslips to provide analysis of gender pay gaps at organisations. It is therefore a “person” (which includes a company) that is receiving the information to find out whether there is a connection between pay and a protected characteristic. It’s likely therefore that disclosing your payslip to Sliips would fall within Section 77. Any clause in your Contract suggesting you should not do so would be unenforceable, and any attempt to discipline you whether formally or informally would give you a remedy under the Equality Act. It is unlikely therefore that any sensible employer would seek to take such action.
Hopefully this blog has answered any general questions you might have about disclosing your payslip to Sliips. If you want advice about your particular circumstances, don’t hesitate to get in touch.
You can contact me here http://www.freemanssolicitors.net/site/people/profile/lt
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