Equality watchdog clears BBC of unlawful pay discrimination against women

BBC Women say they are “deeply disappointed” by the findings
April Roach @aprilroach2812 November 2020

An investigation by the equality watchdog has found no unlawful acts of pay discrimination against women by the BBC.

But the Equality and Human Rights Commission (EHRC) did recommend improvements to rebuild trust with female employees and improve transparency.

The report said the BBC accepts its historical practices were not fit for purpose and has made significant changes since 2015.

It found inadequate record-keeping on how decisions about pay were made, leading to confusion and poor communication with women making complaints.

BBC Women, a group of more than 150 broadcasters and producers at the corporation,  said they were “deeply disappointed” by the findings of the EHRC report.

A statement posted on Twitter said: “We are deeply disappointed by the findings that do not reflect our experiences. The EHRC tells us they found no breach of the law in how the BBC handled pay complaints — this does not address the systemic issue of unequal pay suggested by the hundreds of pay increases and settlements the BBC has made to women.

“Out of over 1000 complaints, the EHRC looked in depth at only 10 cases and accepted the BBCs excuses for why these were not ‘likely’ to be equal pay cases. 

"We question why the EHRC discounted equal pay cases it knows the BBC has been forced to settle. New cases are corning forward and women are still heading to court. We fight on.”

The commission launched an investigation into equal pay at the BBC in March last year after the EHRC said it suspected some female BBC employees “have not received equal pay for equal work”.

It examined whether men and women were paid the same salary for the same job, saying it had “been a legal requirement for almost 50 years”.

EHRC interim chair Caroline Waters said: “It is easy to see why trust between some women at the BBC and the organisation has broken down.

“Many women felt their voices were not being heard and have been left feeling confused as to how decisions about their pay have been made.

“This took a heavy emotional toll on those involved in the process and the strength of feeling of women at the BBC should not be understated.

“While we have not found any unlawful acts in our investigation, repairing the damage caused by these issues requires continued leadership and we hope the BBC board takes forward our recommendations.”

The investigation looked at the period from January 1 2016, covering formal and informal pay complaints.

BBC chairman Sir David Clementi said the findings had been “noted” and the BBC board was pleased that the EHRC “recognise the board’s commitment to ongoing reform”.

He added: “Equal pay is a vital issue and the board will continue to oversee the BBC’s work to be a leader in this area.”

Carrie Gracie said the EHRC report feels like ‘whitewash’
AFP/Getty Images

The corporation’s new director-general, Tim Davie, said: “We welcome this report from the EHRC. We note that the commission has made no unlawful findings against the BBC and recognises that there have been significant improvements to BBC pay practices in recent years.

“However, we have to work even harder to be best in class. Trust is vitally important and as an organisation that serves the public, the BBC must continue to lead the way on pay transparency and fairness. We are committed to building a truly inclusive culture.

“We agree with the commission that we should continue to deliver on our reform programme which began in 2015. We accept every one of their recommendations and will implement them.”

Mr Davie recently told MPs there were 20 gender discrimination cases outstanding at the corporation.

In January, Newswatch presenter Samira Ahmed won a sex discrimination equal pay claim against the BBC and in 2019, radio presenter Sarah Montague won a £400,000 settlement and an apology over unequal treatment.

Carrie Gracie resigned from her position as China editor in 2018 in protest at pay inequalities. She was eventually given a full apology by the corporation and received back pay, which she donated to a women’s equality charity.

Reacting to the findings, she  wrote on Twitter: "Report on BBC equal pay feels like whitewash.

"Examined just 10 cases ... Seriously? Follow the ££ instead. BBC forced to pay out to hundreds of BBC women.

"Moral of story - don't rely on regulator but stay strong, calm, united and justice will prevail."

Suzanne Baxter, board member lead for the investigation, said the watchdog “heard during the course of the investigation that some women felt that the complaints process (at the BBC) had affected their health, causing them stress and anxiety”.

She added: “Many of the women we’ve heard from have been left frustrated and feeling confused as to how their decisions on pay have been made, and the length of time it’s taken to get answers.”

Rebecca Hilsenrath, the watchdog’s chief executive, added that “there were a number of areas where the BBC was at risk of unlawful pay discrimination”.

Additional reporting by PA Media.

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