Female lawyer wins Tribunal after challenging male colleague’s higher salary
A female lawyer who was fired after complaining about her lower pay compared to her male colleagues has won more than £150,000 after bringing her case to an Employment Tribunal. Helena Biggs claimed that since working at the insurance firm, she had witnessed numerous instances of sexist behaviour and discrimination.
Biggs sued the international shipping insurance firm, A Bilborough and Company, in 2020 for sexual discrimination. The lawyer had worked at the firm since 2003 as a claims executive before being promoted to associate director in 2010.
In 2013, Biggs discovered that a male co-worker undertaking a similar role was paid £2,000 a year more. Biggs found this “particularly upsetting” but did not communicate this to anyone until 2015 when she approached her manager, Steve Roberts, to raise this issue. However, Roberts told her to “be careful” and that the “issue could be dangerous”.
Biggs persisted and in response, the insurance firm agreed to give her a pay rise, although this was not backdated to 2010, the year in which she was promoted to associate director.
The court heard from Biggs that for the next two years she felt “victimised and targeted”, frequently being overlooked for promotions. She described her next few years at the company as a “campaign of victimisation”, repeatedly witnessing sexist behaviour from her male colleagues and being branded "pushy", "overambitious" and a "ballbreaker".
She accused her manager of abusing his power and "exhibiting intimidating or demeaning behaviour" towards her until she was eventually signed off sick.
A conversation was held over whether she should return to work but one of the directors conducted a staff survey, which he said indicated that she would be unwelcome back in the office.
In January 2018 Biggs was sacked by the firm on the grounds that her relationship with the directors and staff was no longer healthy or sustainable. The Tribunal, however, concluded that the firm’s directors wanted Biggs to leave as she challenged their authority.
The firm has been ordered to pay Biggs £151,811 in compensation. This amount includes a basic pay award of £6,846.00, past lost wages, plus interest, of £28,581.00, compensation for the reduction in childcare benefits of £2,657.55, and £53,840.00 for injury to feelings, among other factors.
Unequal pay based on gender is an issue that is repeatedly seen in the workplace. In a survey of 5,000 employers across the UK, CIPHR researchers found 77% of businesses pay their male workers more compared to their female workforce. In comparison, only 13.4% of employers awarded their female employees more than men, whilst 9.6% of organisations reported having no pay gap.
It was also found that the average median hourly pay gap between male and female salaries is 11.9%. In addition, CIPHR found women were also not offered the same flexible working options as men and men were more likely to be offered a four-day working week, the freedom to set their own work hours, the entitlement to work remotely from abroad on a permanent or temporary basis, as well as unlimited paid holidays.
Gillian Jenkins, solicitor at DAS Law, said:
“If an employer can evidence that there are genuine material factors as to why employees are paid differently, the employer would be able to defend a claim for inequality in pay. Such factors can include things such as experience, qualifications or based on appraisal ratings for performance. If you feel that you are being paid a lower salary due to your gender, it is advisable to seek legal advice at the earliest possible opportunity.”
A spokesperson from A Bilsborough and Company said:
“We were naturally disappointed by the outcome of the Tribunal which we feel does not accurately reflect the high standards of the company. Nevertheless, we fully recognise the importance of ensuring that any instance of behaviour that is not fitting with our expectations is addressed proactively and robustly.
“We have therefore taken substantive steps to identify and address any drivers of inappropriate behaviour. This includes engaging independent third-party experts to thoroughly review our corporate culture and deliver a range of additional leadership, diversity and inclusion and related training to all members of staff. We are confident that, through this process, we have put necessary measures in place to ensure a safe and inclusive working environment for all.”
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