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Former Co-op exec wins her equal pay and unfair dismissal claims Former Co-op executive wins her equal pay and unfair dismissal claims
(about 3 hours later)
A former executive at the Co-operative Group has won her equal pay and unfair dismissal claims against the company.A former executive at the Co-operative Group has won her equal pay and unfair dismissal claims against the company.
Sam Walker, a company director in charge of HR, argued that she was dismissed after raising issues about her own pay and warning leading figures in the company that it could be paying men and women at a different rate for the same roles.Sam Walker, a company director in charge of HR, argued that she was dismissed after raising issues about her own pay and warning leading figures in the company that it could be paying men and women at a different rate for the same roles.
The tribunal did not agree with Walker’s claim that her sacking was a result of discrimination, but ruled that the Co-op “directly discriminated against the claimant on the ground of sex”, after deeming her work only “partially achieved” when she had not been given an adequate year-end appraisal.The tribunal did not agree with Walker’s claim that her sacking was a result of discrimination, but ruled that the Co-op “directly discriminated against the claimant on the ground of sex”, after deeming her work only “partially achieved” when she had not been given an adequate year-end appraisal.
The tribunal heard she was paid less than other board members in 2014 and told this was because she was newly promoted, but an independent assessment of executive roles by the Hay Group in January 2015 rated her role at least as high or higher than other male executives.The tribunal heard she was paid less than other board members in 2014 and told this was because she was newly promoted, but an independent assessment of executive roles by the Hay Group in January 2015 rated her role at least as high or higher than other male executives.
The Co-operative Group will now face a legal bill, after an employment tribunal found in Walker’s favour.The Co-operative Group will now face a legal bill, after an employment tribunal found in Walker’s favour.
The former executive said it was time for the company to carry out an extensive pay audit to ensure no other female employees were being discriminated against. She had asked for a pay audit on a number of previous occasions but the company had refused, she said.The former executive said it was time for the company to carry out an extensive pay audit to ensure no other female employees were being discriminated against. She had asked for a pay audit on a number of previous occasions but the company had refused, she said.
“The Co-op have been found wanting, and I want to see the organisation change as a result,” she told the Guardian. “Going through this process has also revealed to me that the law is fundamentally flawed and must change. But more fundamentally, we need societal change: people shouldn’t want to work for companies who treat their employees differently and are breaking the law.“The Co-op have been found wanting, and I want to see the organisation change as a result,” she told the Guardian. “Going through this process has also revealed to me that the law is fundamentally flawed and must change. But more fundamentally, we need societal change: people shouldn’t want to work for companies who treat their employees differently and are breaking the law.
“This is a major victory for women, but my case proves that pay discrimination can happen to anyone.”“This is a major victory for women, but my case proves that pay discrimination can happen to anyone.”
Walker said she first raised questions about equal pay in 2015 after comparing her salary to other male executives who sat alongside her on the board. The tribunal heard that senior executives had also questioned Walker’s performance over the progress of a huge IT project called 1HR, but she argued she had brought in the “right people” to improve performance.Walker said she first raised questions about equal pay in 2015 after comparing her salary to other male executives who sat alongside her on the board. The tribunal heard that senior executives had also questioned Walker’s performance over the progress of a huge IT project called 1HR, but she argued she had brought in the “right people” to improve performance.
Walker told the tribunal that the company went through a regrading exercise of all staff, and she told Richard Pennycook, then the chief executive, in 2016 that it was “not looking good” from an equal pay perspective. “I told him that I thought the Co-op had an equal pay problem, which not only exposed the business to legal claims but was inconsistent with the Co-op’s declared values,” she said.Walker told the tribunal that the company went through a regrading exercise of all staff, and she told Richard Pennycook, then the chief executive, in 2016 that it was “not looking good” from an equal pay perspective. “I told him that I thought the Co-op had an equal pay problem, which not only exposed the business to legal claims but was inconsistent with the Co-op’s declared values,” she said.
A spokesman for the Co-op said the tribunal had dismissed most of Walker’s claims and held that her dismissal was not discriminatory.A spokesman for the Co-op said the tribunal had dismissed most of Walker’s claims and held that her dismissal was not discriminatory.
“Whilst the tribunal upheld the unfair dismissal claim on procedural grounds, we are pleased it found the Co-op had substantial reasons for justifying the termination of Ms Walker’s employment.”“Whilst the tribunal upheld the unfair dismissal claim on procedural grounds, we are pleased it found the Co-op had substantial reasons for justifying the termination of Ms Walker’s employment.”
The tribunal accepted that Walker was sacked as part of a proposed restructuring, but Walker said this never took place.The tribunal accepted that Walker was sacked as part of a proposed restructuring, but Walker said this never took place.
The company said it was considering whether to appeal against the equal pay claim. “We maintain we did not pay Ms Walker unfairly and continue to believe we acted in the best interests of our Co-op and its members,” said the spokesman.The company said it was considering whether to appeal against the equal pay claim. “We maintain we did not pay Ms Walker unfairly and continue to believe we acted in the best interests of our Co-op and its members,” said the spokesman.
Walker said that she had used her savings and remortgaged her house to fund her three-year legal battle, which she described as “a living hell”.Walker said that she had used her savings and remortgaged her house to fund her three-year legal battle, which she described as “a living hell”.
“Everything about the system stops people claiming and protects companies and going through this is financially unrealistic for most people,” she said.“Everything about the system stops people claiming and protects companies and going through this is financially unrealistic for most people,” she said.
Walker was supported by the Fawcett Society and the former BBC correspondent Carrie Gracie, who won her equal pay battle with the corporation and donated her pay settlement to the Equal Pay Advice Service to support other women looking to make claims.Walker was supported by the Fawcett Society and the former BBC correspondent Carrie Gracie, who won her equal pay battle with the corporation and donated her pay settlement to the Equal Pay Advice Service to support other women looking to make claims.
“I take my hat off to Sam Walker for having the courage to take on the Co-op, another supposedly values-led organisation, but it has been a savage ordeal that no woman should have to go through in 2018,” said Gracie. “Most of us live in a culture of pay secrecy, and there will be many more victims who have no idea they are being discriminated against.“I take my hat off to Sam Walker for having the courage to take on the Co-op, another supposedly values-led organisation, but it has been a savage ordeal that no woman should have to go through in 2018,” said Gracie. “Most of us live in a culture of pay secrecy, and there will be many more victims who have no idea they are being discriminated against.
“I hope this sends a message to employers to do right by the women in their organisation and if problems do occur to put their hands up and apologise rather than fighting them until the last breath.”“I hope this sends a message to employers to do right by the women in their organisation and if problems do occur to put their hands up and apologise rather than fighting them until the last breath.”
Sam Smethers, the chief executive of the Fawcett Society, said the high-profile case had played an important role in raising awareness about equal pay. “This case is hugely significant because it shows what is possible when women get the chance to challenge pay discrimination,” she said. “Very few women do; most are completely shut out. Pay discrimination can happen anywhere and that’s why we have to support women on low incomes particularly.”Sam Smethers, the chief executive of the Fawcett Society, said the high-profile case had played an important role in raising awareness about equal pay. “This case is hugely significant because it shows what is possible when women get the chance to challenge pay discrimination,” she said. “Very few women do; most are completely shut out. Pay discrimination can happen anywhere and that’s why we have to support women on low incomes particularly.”
Walker said she was now determined to help other women with equal pay disputes, and she will speak alongside Gracie at the Fawcett Society’s Know Our Worth conference on Saturday. “Anyone thinking about doing it, I will help them prepare before they even make their claim,” she said. “I think there is a massive and growing network of strong women who are demanding change – if you think you have a case, come on, bring it on.”Walker said she was now determined to help other women with equal pay disputes, and she will speak alongside Gracie at the Fawcett Society’s Know Our Worth conference on Saturday. “Anyone thinking about doing it, I will help them prepare before they even make their claim,” she said. “I think there is a massive and growing network of strong women who are demanding change – if you think you have a case, come on, bring it on.”
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