‘Don’t discuss your pay’ clauses

Have an employer told you that you can’t discuss your pay with anyone? Or that you cannot show anyone your offer of work, or contact?

Many contracts in the entertainment industry contain clauses that aim to keep the information regarding the contract terms and wages strictly between the employer and the employee. However, The Equality Act 2010, in particular Section 77, protects the right that employees have to legally discuss their work pay with colleagues.

The key things this legislation states is that:

  • Employers cannot legally discipline anyone for discussing their work pay; and
  • Employers cannot legally have any clauses in employee contracts that stop workers from talking about pay

It’s important to be aware though, that the law only protects you when you’re talking about pay for the purpose of establishing whether there’s an unfair pay issue in your workplace, and not just when you’re just discussing pay more generally.

Bectu’s position is that these confidentiality clauses are not legally enforceable and that they should not be included in any contract, as they may be being used to hide unfair pay practices. We strongly encourage members to read their contracts carefully and where these clauses are seen, challenge the employer and contact Bectu.

Remember, you can always speak to your union about your contract and get advice on its terms.

This entry was posted in Employment Contracts, Employment Law and Rights, Equality, Freelance working, Freelancer rights, Gender equality, Gender pay, Wages and Pay-rates and tagged . Bookmark the permalink.

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