09 Jul 2015

A question about : equal pay for like work but no descrimination?

Hi all,

I get paid less and also get 5 days less Annual leave than some of my colleagues when I do like work and often actually do work that would be regarded as supervisory. I have looked into the equal pay rights for like work and it seems to only be for differences between gender or ethnicity.

Now I have tried a few times to get my company to put me on equal pay as the others in my job but they refuse too. Is it worth me carrying on with it or do I not have a leg to stand on, I've been working in the role for 8 years.

Thanks.

Best answers:

  • They don't have to pay you the same as everyone else. Though they can't discriminate against you because of a characteristic that is protected under the Equality Act. Are the higher paid colleagues predominantly of a different gender/religion/sexuality etc? If not then you probably don't have a case for illegal discrimination. Are you a union member? If so you could contact them for advice on your specific situation.
    How did the others negotiate a higher wage? Maybe you could make a good case to your boss for a raise.
  • I'm curious about this too. It's understandable for benefits to be increased with length of service but if an employee doing the exact same job can't possibly have worked there as long because they're considerably younger, is that not covered under the age equality laws?
    I've done several courses on the equality act but I'm still not sure!
  • AIUI service based benefits are OK as long as they are not excessive.
  • Age discrimination is not unlawful if it is a "proportionate means of achieving a legitimate aim" (s13(2) Equality Act 2010)
    I imagine the argument would be that paying those with more experience in doing a job is a legitimate aim.
    After all, pay related to length of service could be more for someone aged 30 who started at 20, than someone aged 45 who started at 40 - if you follow - length of service is not necessarily related to chronological age.
  • Another reason for variation in salaries for apparently the same job can relate to the job market at the time of appointment. If there are likely to be a lot of suitable applicants the firm can get away with offering less money. Then, perhaps a couple of years later when the market has changed, it may be difficult to get anybody with the required skills so it is necessary to advertise the job at a much higher rate.
    Based on what the OP has posted here, they are not doing anything unlawful.
  • My salary range is from Ј47k - Ј71k so anyone my grade doing an identical role could earn 50% more than someone at the bottom of the range.
    C'est la vie!
    Take your services elsewhere if you want to do something about it.
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