Is this an equal pay claim?

[Joyfulincolour]

I joined a large organisation 3 years ago. The job was advertised as a band 7 with a set pay band. Four of us started the job and it now transpires that one person asked for their pay to be matched to their current pay so was given a band 8. Another person requested the same and was started on the middle of band 7. Two of us who started on the bottom of band 7 have just found this out. Around a year ago, two new staff were recruited and were put on the band 8 pay scale. We all do exactly the same job! The two of us on the lower end of band 7 have approached HR and our Manager. Both have more or less said "that's just the way it is here." Can anyone advise whether we have an equal pay claim? The job advert definitely didn't say that pay was negotiable and it wasn't made available to all of us.

Can’t advise but you need to clarify if this is the NHS pay scales

Hi, no it's not the NHS.

Are the women paid less than all other equal men

Equal pay is in relation to women versus men. Are the higher paid people all men?

No, it's both men and women that are paid more.

An equal pay claim is essentially a sex discrimination claim. You are not allowed pay men and women differently for the same work, if sex is the reason for the difference in pay. It is legal to pay people differently for the same work if sex is not the reason (unless it is some other unlawfully discriminatory reason - although that would be a discrimination claim, not an equal pay claim) , even if it seems unfair because you all do the same work.

An equal pay claim is not just about men & women.

Everyone should be paid the same for the same job within a large organisation.

I don't think you have a case with the people on the same band as they could claim more experience, but definitely take issue with the ones on the higher band.

www.unison.org.uk/get-help/knowledge/pay/equal-pay/

Thanks Hallamoo - most helpful.

m.acas.org.uk/index.aspx?articleid=1811

www.equalityhumanrights.com/en/advice-and-guidance/equal-pay-equal-work-what-law-says

Equal pay legislation is to do with the rights of men and women to be paid equally for equal work.

If a person wants to bring an equal pay claim, they need to identify a comparator of the opposite sex, i.e. someone who is paid more than them for doing equal work, and is a different sex.

An employer can contend that the difference in pay is not because of sex, but because (for example) the work is not equal, or because of what is called a 'material factor'- this could include things like geographical considerations(e.g. London weighting), or market forces (e.g. 'we had to pay x more when we hired him because of the market at the time'), or a person have g more experience.

I'm not saying the OP definitely doesnt have an equal pay claim, or some other type of claim, she should get proper advice to figure that out, just that to bring an equal pay she would need to show that the reason she is being paid less than others is because they are male and she is female.