When I was called a manipulative b****, I didn’t feel bogged down,” says Shreya Ukil, the London-based techie who recently won a gender discrimination case against the information technology giant Wipro. “I made sure that disrespecting a woman has a cost attached to it.” Ukil was a sales and marketing development director with Wipro in London. About five years ago, she began raising concerns over the disparity between her salary and that of her male counterparts. What ensued was a long-drawn-out battle and her recent victory. In an e-mail interview, Ukil talks about her fight. Excerpts:
You have won the case. What do you think about Wipro’s statement, which says it has won a case of unfair dismissal against you?
This is not a public debate or a case of interpretation. It is a legal judgment, which is very clear. I brought an equal pay and sex discrimination lawsuit against Wipro and I won that lawsuit. In addition to that, the judgment made findings against Wipro on five counts of victimisation — their treatment of me, sexism, sexual innuendos, unfair dismissal and, of course, unequal pay, where their pay policies were deemed to be “tainted by gender discrimination”. In my personal opinion, Wipro’s reaction was an attempt to confuse the media and people. I find these tactics deplorable, as much as everyone else.
Instead of remorse or an apology for such a grave legal judgment against their leadership team — a judgment for which they have to financially compensate me —they have tried to misrepresent a legal verdict. I am shocked at their disrespect towards the judgment. It amounts to contempt of court. Wipro has lost the lawsuit. They have won nothing. They have to financially compensate me.
The tribunal said I was unfairly dismissed because of victimisation. They said I wasn’t wrongfully dismissed because Wipro did not breach contractual terms. However, the fact that I was unfairly dismissed as an act of victimisation is the main finding, not whether Wipro followed contractual terms or not.
It was a tough and long fight. How did you prepare for it? Were there similar cases that inspired you?
Unfortunately, not many of these cases come to light as they are confidentially settled. But yes, I have been called Erin Brockovich a few times by people who know me personally. I grew up being inspired by the suffragettes, who fought for women’s right to vote 150 years ago. In their fight for women’s voting rights, the suffragettes were known for public demonstrations and acts of personal sacrifice such as imprisonment and hunger strikes. Although I did not know then how much their call to action, “Deeds not Words”, would come to mean in my own life. We are so much more privileged than these brave, early campaigners, yet we have made so little change.
What were the obstacles? You lost your father, who was a pillar of strength, during the struggle.
There were no obstacles once I left Wipro. There was only support. The only hurdles and victimisation I faced were at Wipro. Yes, I lost my father who did not get to read the judgment but I am sure he is watching over me and smiling. He was a great father, a humble and kind man, and a highly respected barrister. He told me to fight injustice, to have humility, and that dreams come true for those who work hard to realise them.
Did the insinuations and character assassination bog you down? After dismissal from Wipro, did you work anywhere else?
When I was called a manipulative b****, I didn’t feel bogged down. I made sure that disrespecting a woman has a cost attached to it. I didn’t work anywhere else as I couldn’t have committed myself fully. I treated this lawsuit as a full-time job. It was also not a simple case, it ran across issues from 2010 to 2014, and had nearly all aspects of sex discrimination law in it. The documentary evidence against Wipro was extensive and needed careful and thorough understanding of its implications.
Although I didn’t work for anyone else, I have been working on something that is in its final stages now. It’s a non-commercial initiative that should help address some of the issues I had faced. I want this experience to translate into something meaningful for a larger group of women who can benefit from my fight.
How common is the phenomenon of sex discrimination and unequal pay in India?
As recently as in May 2016, Monster released a gender-wage gap survey for the Indian private sector and the gap is highest in the technology and manufacturing sector at 34 per cent. It’s a shocking and deplorable figure to have in any sector or country. The report further states that some of the reasons behind this gender pay gap could be the preference for male workers over female employees, and preference given to male employees when it comes to promotions to supervisory positions. The gender-wage gap is a quantifiable indicator of sexism and sex discrimination and only law, compliance and stringent penalty can fix these deep-rooted biases. It is depressing that even in 2016, India, one of the largest democracies, is carting around this patriarchal bias.
If companies proactively accept gender pay gap disclosures and women’s representation mandates, then the pain and shame of enforced change will be far less. I believe a fair workplace always creates a positive and productive environment. The energies of employees will be directed towards serving customers, being more innovative, creating financial value rather than in-fighting and launching damaging and expensive lawsuits, which will completely erode the trust and reputation of these companies.
Women need to be aware of the law that’s already there to protect their rights. I don’t think they are aware as much, not in India. And those who are, are worried to take on companies with deep pockets. Hence my view, that given the scale of the problem, there should a broader amendment to the law that forces mandatory compliance and penalties on corporate entities as opposed to expecting the victims of discrimination to fight it on an individual basis.
What is the road ahead for you?
I have a few things planned. All I can say at this point is watch this space. This is the beginning, not the end. For all of us. I have miles to go before I sleep.
( Corrections & Clarifications: An expletive was initially edited out of this report. It has now been reintroduced in a sanitised form since it is necessary to convey the legal point being made in the interview.)
Published - May 28, 2016 04:30 pm IST
