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I've just found out for the past 18 months I'm being paid less than my colleagues for the same job

(32 Posts)
Mindfullness Sat 09-Nov-19 13:28:37

However, work have only just discovered the mistake and are saying they can only amend my wages now but not back date. Is this legal? Thanks

Greatnorthwoods Sat 09-Nov-19 13:29:30

I don’t see why it isn’t legal

MrGsFancyNewVagina Sat 09-Nov-19 13:31:33

If work have acknowledged that it was a mistake, rather than you were simply brought in on a lower wage until you were trained, then I would have thought they would have to pay you the money.

ferrier Sat 09-Nov-19 13:33:32

What does your contract say? Or what did the last communication (written or verbal) about wages say?
That will be the starting point.
Check out Citizens Advice for next steps www.citizensadvice.org.uk/work/rights-at-work/pay/problems-getting-paid/
Might discrimination be involved?

Ibiza2015 Sat 09-Nov-19 13:37:13

That depends on your contract, what other staff earn is largely irrelevant.

If you signed a contract with the lower rate of pay on it then it’s legal. The only way you could get around that is if it was an error on the contract and you had evidence of them agreeing to pay you a higher rate or possibly if all the other workers being paid more were men, you might have a discrimination claim.

If it was an admin error in that you’d been offered the higher rate and it was on your contract, they must back pay.

In general though, it’s not at all illegal to pay different rates for the same job.

Chunkers Sat 09-Nov-19 13:43:04

ACAS is another place to get advice, after you have checked your contract as others have advised above. Good luck!

Anotherlongdrive Sat 09-Nov-19 13:47:52

What do you mean it was a mistake?

People can do the same job and be paid different.

That doesnt mean you are entitled to back pay.

Mindfullness Sat 09-Nov-19 13:52:31

Thanks for your replies. Apparently I should of been on the higher wage. Someone that started a week before me is and so are the rest of the team.

Anotherlongdrive Sat 09-Nov-19 13:53:30

Again. What does should have been?

Surely you were offered a wage and accepted it, did you not notice you were paid less?

NotSuchASmugMarriedNow1 Sat 09-Nov-19 13:54:22

Have they said in writing that they made a mistake with your wages?

Bunnybaubles Sat 09-Nov-19 13:54:38

@Anotherlongdrive

What do you mean it was a mistake?

People can do the same job and be paid different.

That doesnt mean you are entitled to back pay.

She clearly said that her work HAS acknowledged it IS a mistake on their part.

I'm assuming you missed that part? hmm

Thehop Sat 09-Nov-19 13:55:28

Does your contract state the wage you received or the higher wage?

SmudgeButt Sat 09-Nov-19 14:01:41

Many places try to stop colleagues discussing their wages to stop this kind of comparison going on. But if in this instance your employer has acknowledged that they made a mistake at the start then they have an obligation to back date it along with any relevant payrises or bonuses based on your salary.

I've just gone through this where I work and have been up front with the individuals involved that there was an error, that we're getting it resolved, that it will be back dated and when they can expect the correction in their pay.

Anotherlongdrive Sat 09-Nov-19 14:01:43

She clearly said that her work HAS acknowledged it IS a mistake on their part.

No.

So if she accepted the job and (let's say) 25k. That's her wage. The fact that someone else gets 27k. Its immaterial, if her job should have been offered to her at 27k. They may have made a mistake offering her 25k. But that's what her contract says. No back pay.

If she was offered and accepted 27k but she has been paid 25k, by mistake, they should give her the back pay.

CheekyFuckersDontGetPastMe Sat 09-Nov-19 14:11:42

What does your contract say?

WaxOnFeckOff Sat 09-Nov-19 14:12:18

I don't think it's as simple as that.

If the job has a pay scale or pay banding and OP has not been offered the correct amount (i.e. the amount or minimum) in her contract, then I think it's irrelevant that she accepted the contract. the contract was wrong. However, if it's a case of the pay banding is £25-£35k and others have started on £27k and she got £25k then that's a mistake but they are not liable to make up the difference.

Definitely worth getting proper advice from AcAs/Union/citizens advice where you can fully explain and evidence the issue.

WaxOnFeckOff Sat 09-Nov-19 14:15:10

Just to add, in my type of job, alog with many others, there isn't a scale, just a broad band that you slot into depending on experience etc and what you negotiate. I have no idea if others doing the same job are paid more or less and that's fine.

Other jobs are very specific. There is a scale and you start on one point and move up, or there is an hourly pay rate for that specific job. i'e. shop assistants all get the same, job managers all get the same etc etc

So there is no clear cut answer as we don't have all the details.

middlemuddle Sat 09-Nov-19 14:16:20

When I worked for a major insurer we were all on different wages for the same job, so I'd guess it is legal.

Bluerussian Sat 09-Nov-19 14:17:47

WaxonFeckoff: Definitely worth getting proper advice from AcAs/Union/citizens advice where you can fully explain and evidence the issue.
..........
I agree with that.

All we as posters can do is offer advice/say what we think based on what we know or have known.

Seek the advice of professionals and please do come back and tell us how you get on. I hope you do get some back-dated pay, that would be wonderful but we shall see.

Good luck.

CuriousaboutSamphire Sat 09-Nov-19 14:35:20

I doubt anyne but an emplyment lawyer can answer that for you OP. ACAS, union, legal conver on household insurance... try any and all routes until you get a proper answer.

If the answer turns out to be 'tough luck ' it might be worth asking work for a bones, ex gratia payment in good will!

Jbck Sat 09-Nov-19 14:56:26

Happened to me backdated for 3 years but public sector

Laiste Sat 09-Nov-19 15:02:59

work have only just discovered the mistake

Apparently I should of been on the higher wage

By the sound of it the OP hasn't been comparing her wages and putting 2 and 2 together, it's a mistake by the employer flagged up to her by the employer.

I guess what you signed at contract stage will be used to get out of paying you the difference OP.

Tistheseason17 Sat 09-Nov-19 15:10:35

Realistically, they only have to back date your pay to the date the new staff member started on the higher wage as technically, you had agreed to work on the previous terms and conditions - and yes - they can backdate you and should. It is not illegal!

cannycat20 Sat 09-Nov-19 15:20:52

There is some pretty useful information at www.unison.org.uk/get-help/knowledge/pay/equal-pay/ on whether people doing the same job should be paid the same rate, regardless of gender, for example.

Other useful sites: www.lawsociety.org.uk/support-services/advice/practice-notes/equal-pay/ and www.equalityhumanrights.com/en/advice-and-guidance/equal-pay-equal-work-what-law-says

SunshineAngel Sat 09-Nov-19 15:49:15

When you signed the contract, what did it say? Have you been paid what it says on your contract? If so, not much you can do.

If anything, it's quite good that they're willing to increase to what the other people are getting, as they don't have to. If you agree to do a job for that wage, there is no issue.

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