Equal pay issue?

[Equalpayquery]

Morning all, not having much luck over on the quieter parts of the site so thought I would put here:

We are recruiting another staff member at work, to do an identical job to mine (same salary scale, same job description and person spec). We are going to second interviews, with all male candidates. Great candidates and I’d be happy to work with all of them. But here’s the rub, it’s highly likely they will be brought in on a higher salary than me, say 10%, mostly because I came from public sector and these guys are coming from private sector and already earn more. Just wondering whether the equal pay section of the equalities act kicks in or not. All over the company men and women are paid differently based on experience, but arguably it’s a niche role, I originated it, and currently I’m the only person who can perform it to the letter (those coming in have highly relevant skills, but will have areas to develop). I don’t want to rock the boat if there is no case, but at the same time if there is a legal issue I don’t want to just say nothing. Thoughts from people in the know appreciated!!

To clarify - I am currently the only person in the organisation doing this particular role, it was a new role for me 18 months ago, and I have defined it beyond what was outlined on paper. I have been successful and now workload is so high we need another person.

@Elisheva excellent approach, very direct

And yes I agree @Elisheva gives excellent food for thought

The Equality Act 2010 gives both women and men the right to equal pay for equal work, with women and men being legally entitled to be paid at the same rate for like work, work rated as equivalent, and work of equal value. Here you'll find information on equal pay for equal value, equal pay audits, comparable worth, equal pay law and case law.

I think I would be slightly bolder than @Elisheva though and say it is unfair, and give explicit examples of why.

How big is the company? Do they have the requisite number of 250 employees that they have declare Gender Pay?

You say they have been clear in the past that they won’t increase pay ‘They’ve been clear in the past that isn’t an option open to them’.

Is that because they think you won’t leave?
Could you get another job if you wanted to? Are there similar roles available? Have the candidates applied for other jobs?

Elisheva is spot on a man would not entertain this crap. You need to be bolder. And you need to believe you are worth it. Write down what you have achieved and practice what you will say. You need to sound confident and self assured not apologetic.

Yes I could get another job, I have quite a wide skill set, which is becoming more leadership focused over time. It won’t be long before I am ready to step up (I have had interviews in the past few months). At the moment I’m in that slight rut where management indicate that they want to keep me and they want me to progress but there is nothing actually on the table. Lots of talk of bright futures. Which I am sceptical of to be honest.

Equal pay for equal work. Ask your employer to pay you the same as your male peers or to provide you with an explanation as to why they think they shouldn't.

If there's a good reason then they will need to explain what it is and you can take it from there.

Yes that’s what I’ve been wondering - what would count as a material difference, and how could they justify it? I don’t think they can…