Zero hours Vs permanent wage difference

[NotSpottyMuldoon]

I've been employed in a permanent full time contract for 18 months at NMW. Whilst browsing job sites I've noticed that relief posts (exact same job as mine) on zero hour contracts are being advertised at £9.99 per hour. Is this lawful?

It is lawful yes, there's no law that says that everyone doing the same role has to be paid the same. Its illegal to pay someone less for discriminatory reasons where there is a protected characteristic, such as paying someone less because they are disabled or female for example. But paying more to someone who is on a zero hours contract than a fulltime contract is fine, and might be seen by some as an acceptable trade off for the risk of having an unreliable number of hours compared to a full time contract.

katmarie thanks for your quick response. I can understand from your explanation how it's legal, it just seems very unfair! It's a person centred support role, but the relief staff are not expected to perform the same tasks that I do, in such an involved way, but rather to be a 'presence' on the premises.

This is third sector, previously I've always worked in public sector posts where job pay/ bandings were very consistent, even for bank staff (I know agency staff are paid differently however)

It's the same in education. Supply teachers are paid more per hour than salaried teachers.

@Comefromaway Same with nursing too. Agency staff are on more money and take less responsibility than regular staff

I can understand if an outside agency is involved (because they need to charge for the service they provide to the organisation) but when I worked in the NHS internal bank staff were paid the same as (for example) HCAs on full time contracts. The bank staff got an additional sum to cover pro rata holiday pay accrued, but the hourly rate/ grade was the same for all HCAs employed directly by the trust.

It is lawful. I am currently on a zero hours contract, both with the NHS bank and agency. Bank, I get paid the same as I would NHS, however agency I'm paid more. I guess it's to do with the fact that if you are in a full time or even part time post, you are guaranteed X amount of money per month. Whereas agency/relief you're not always guaranteed shifts therefore need that little bit extra as a safety blanket, to cover periods where work is thin on the ground.

Is it not inclusive of hols?

I haven't read the full thread so someone may have suggested this - casual contracts often include a higher rate to compensate for annual leave. Unless someone works regularly as a casual contract its very difficult to give paid time off. In our industry we pay a percentage on top of hourly rate for this instead.,