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Equal Pay claim?

(18 Posts)
stillnamechanging Fri 16-Nov-12 16:07:21

I have been working for my employer for 8 years with three years in my current role. This year, there was a new joiner to my team and although not officially given the role (despite asking several times), I was expected (specified in my objectives) to manage and train him etc. We were the only two in this role in my office.

Last month, another team member joined, basically at my strong recommendation. He needed a job, we had more work that needed doing so I negotiated with everyone to get this organised, despite still not being officially the team leader. New colleague is more senior - similar experience and quals as myself but new to this specific role and needs training, managing again.

I asked again for the promotion at my recent appraisal and was refused, again.

Now, I find from the budget sheets for my team that the new colleague is paid 40% more than me.

I'm still reeling from the shock frankly, what are my options?

hermioneweasley Fri 16-Nov-12 18:28:43

You say the role is more senior so why are you surprised he is paid more?

stillnamechanging Fri 16-Nov-12 19:26:42

Sorry didn't word that clearly at all in my fury.

He is more senior the other guy I have to manage. I have similar experience and qualifications to the new guy, but also have to manage both of them.

hermioneweasley Fri 16-Nov-12 22:02:27

I would suggest a conversation with your manager as on the face of it, it doesn't make sense

StillSquiffy Sat 17-Nov-12 06:58:18

You don't have grounds for a claim yet. They can argue that they needed to pay a premium to compensate him for risk of changing jobs, loss of benefits at other place, to match previous salary, etc. After time (not specified how long in UK law) you should end up on the same salary and if that doesn;t happen you may have grounds to complain.

So you can't legally do anything but you should certainly speak to mgr saying you believe the going rate for your job to be £ABC now, given X has joined on this so can you have your salary adjusted to match?

FWIW I have always switched jobs when I wanted to really hike my salary up (every 5 years). Staying in same firm never seems to get you as much in terms of both pay rises and promotions. BUT it is a risk to do this.

Bilbobagginstummy Sat 17-Nov-12 07:26:55

1) Get a new, more highly-paid job.

2) Resign. Take great pleasure - when they offer you a pastries and promotion to stay - in explaining that they should have tried that before.

Very satisfying.

Bilbobagginstummy Sat 17-Nov-12 07:27:10

Pastries?? Pay rise!

stillnamechanging Sat 17-Nov-12 08:48:32

LOL Bilbo at the auto-correct. I would be lucky if they offer me pastries!

Ok, hint taken. Will need to get another job sharpish. I had a strong inkling that I was underpaid, although not to that extent and have tried negotiating for a rise with this extra responsibility, but was fobbed off. No budget, blah, blah.

The new guy is an internal transfer and was desperate for a job, so not a strong negotiating position at all - and they still pay him that much more.

So, breezy, informal chat with manager next week and job hunting like crazy behind the scenes. That's my plan. Thanks!

prh47bridge Sat 17-Nov-12 09:13:01

If he was an internal transfer it may be that his salary reflects his previous role and will now stand still for a few years. But I agree with others - if you think you are underpaid and your employer isn't willing to give you a pay rise it is time to find a new job.

stillnamechanging Sat 17-Nov-12 10:16:11

So how would you ever get an equal pay claim, just for my knowledge? Unless you started on the same day, from the same previous employer - equal pay for equal work doesn't come into it?

Bilbobagginstummy Sat 17-Nov-12 10:59:58

One of those where the theory is great but the reality a massive amount of hassle I fear unless you can evidence that you are underpaid because you are a woman not just because your employers take the piss.

StillSquiffy Sat 17-Nov-12 12:15:37

You get an equal pay claim when they haven't got a valid reason for a pay differential.

This area is one where it only really works when you are in very large organisations with pay grades and fixed bands, etc (eg large public sector orgs). For smaller businesses they can (a) have valid reasons for difference and (b) often argue that A is not a direct comparator to (b) for a myriad of different reasons (including unmeasurable stuff like 'potential to progress').

It's just one of those areas where there isn't a 'fair' solution that covers all eventualities. It would be just as unfair for him to take a paycut because he is being moved internally.

Doesn't mean they wont raise your salary BTW. Don't ask, don't get. If you start saying things like "why am I being paid less than the going rate? Is there something about me that singles me out to be paid less?" - that's the kind of talk that will make them think a bit more than if you just say "Can I have an extra £x, because he's got it?".

stillnamechanging Sat 17-Nov-12 12:22:26

Thanks for the tips. I will definitely ask, but am well prepared for the answer to be no (based on previous experience)

My company do have form for sex discrimination, harrassment claims etc - it is what they are like, but I really don't want that level of stress.

scarlettsmummy2 Sat 17-Nov-12 12:27:41

Are you a woman?

scarlettsmummy2 Sat 17-Nov-12 12:28:32

Sorry I read that as you being a joiner- not a new team member!

stillnamechanging Sat 17-Nov-12 12:41:08

Yes, I am female. My two team members are both male.

scarlettsmummy2 Sat 17-Nov-12 13:06:34

I think it could be sex discrimination- unless there is a very good reason why they would be paid more. Is it a male dominated industry? Private sector?

stillnamechanging Sat 17-Nov-12 20:12:20

Scarlettsmummy2, yes it is very male dominated, private sector etc

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