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Equal pay claim - do I have a case?

4 replies

EightYearsWasted · 02/06/2016 15:24

To set the background scene of how this came to my knowledge.

I, along with two colleagues who exactly the same job, are under consultation for redundancy. There’s three of us and only two jobs to go around, the company needs to make financial cuts - so fair enough. Heavy hints have been dropped to me that my job is safe, although they are playing very much by the book, legally.

During my initial consultation meeting with the MD, HR and my Line Manager, the MD let it slip that my salary is not the most expensive, that my male counterpart is on more than me. The third colleague is relatively new to the position and about 16 years less experienced, so I know for sure her salary is much less, but the male colleague has about 2 years less experience than me and we do exactly the same job/have the same job title/responsibilities/qualifications.
For clarification, I’m a Graphic Designer and salaries vary for company to company in the industry, there’s no set scale.

Do I have a case for equal pay?

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ManagersDilemma · 02/06/2016 22:26

Possibly, but you would be hard-pressed to prove it. The company could argue, for example, that there were very few good applicants when they recruited your male colleague so they had to pay more to secure him. They could also argue that his work is better than yours. Of course, it could be a total fabrication but it might well get them out of the equal pay claim at tribunal. How big a gap are we talking, percentage-wise?

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EightYearsWasted · 02/06/2016 23:57

I'm not sure about the actual gap or percentage, but I estimate somewhere between 5 - 10k pa. I know I'll be hard pressed to prove it, the management have a tendency towards 'boys club' mentality too. Perhaps I'll sit on it for a while and bring it up at pay review time... Though judging by the current situation, any pay rise is looking unlikely. Time to put that portfolio together and get out there, I guess!

Thanks for replying.

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FinderofNeedles · 05/06/2016 00:12

Smartest move might be to find a new job elsewhere first then either put in a claim for parity with the man, or ask for voluntary redundancy.

Do you know what the criteria are that the company are using to identify the candidate for redundancy? The criteria have to be fair, and also made known to those involved (I think).

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EightYearsWasted · 06/06/2016 14:02

The criteria weighting is based mainly on a financial saving, then skills, then services to clients. Me and the two other colleagues involved are friendly enough to have worked out that the colleague who earns the most (and has also been there the least amount of time) is the most likely to make the most financial saving to the company and therefore most likely to go. Right now, I'd rather it be me that's made redundant - it makes more sense for me personally. I'm just hacked off about the disparity in pay for exactly the same job/skills.

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