11 August 2025
By Joseph Kelly, Kelly Workplace Lawyers
Am I Allowed To Discuss My Pay With My Coworkers?
Yes – absolutely.
You can discuss your pay and conditions with your co-workers without fear of getting into trouble from your employer. You can also ask your colleagues about their pay and conditions, and they are free to decide whether they will tell you or not. Talking openly about pay can be a powerful way to identify pay gaps or inconsistencies and to ensure that everyone is being treated fairly. In fact, greater pay transparency has been recognised as one of the key steps in addressing ongoing issues such as the gender pay gap.
But what if my employer says it is against policy or not allowed in my contract?
Since 7 June 2023, it has been unlawful for an employer to include terms in employment contracts or agreements to restrict employees from discussing their pay, or terms and conditions of their employment relating to their pay, with any other person. If your contract still contains one of these “pay secrecy” clauses, it is no longer enforceable. This legal change gives employees the freedom to share and compare pay information without fear of disciplinary action, and it also prevents employers from trying to silence conversations about fairness at work.
So, if your boss gives you a 12% raise, you’re free to let the whole office know.
So I can discuss everyone’s pay now?
Well, no. You can discuss your pay, and you can ask others about their pay, but you can’t discuss other peoples’ pay if they don’t want you to. Consent matters. You also need to make sure that in asking someone about their pay you are not making them uncomfortable – while asking might be OK, the way you ask is also important. A respectful approach is essential. The best rule is to be happy to talk about your pay, but let everyone else keep their secret if that’s what they want. Remember that the goal of transparency is fairness, not gossip.
What if my boss still tells me I can’t discuss pay?
You might have a general protections claim or some other legal right. Employers cannot threaten, punish or disadvantage you simply because you exercised your right to discuss pay. If they do, this could amount to unlawful adverse action and may expose them to penalties. The law is on your side, so you should feel confident standing up for your rights in these situations.
If in doubt, contact KWL and we can let you know what your legal rights are.
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