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Legal matters

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Employment advice

6 replies

Atlanticpa · 25/05/2021 12:37

Hi All. I am looking for some advice and I can't find anything clear from googling. I participate in an on call rota for my department for which I get £200 a week. There are 6 of us so we are required to be on about 8 weeks a year. Colleagues in 3 other departments have an equivalent rota ( same name, same hours, same requirements) but they paid an annual allowance of £3000 each, there are also 12 of them on each rota so they are only on 4 weeks a year - equivalent to £750 a week.
We can't increase the numbers on our rota due to the specialist skills required so we have asked for payment to increase. We have been offered slightly more but no where near what colleagues receive. We have spoken to our union but they seem reluctant to help as one possible solution would be to reduce other colleagues down to our level therefore impacting on a greater number of union members. I am wondering whether what we are being offered is legal i.e same job different pay or would have more success going down an external / legal route to get a resolution. We are mix of f/m across all rotas so no discrimination on that basis.

OP posts:
prh47bridge · 25/05/2021 12:46

Your employer can pay people whatever they want provided there is no discrimination. You should consult an employment lawyer if you want to know for certain, but I don't think the legal route will get you anywhere. It would be different if you could show discrimination on the basis of age, sex or some other protected characteristic.

GoldenBlue · 25/05/2021 16:09

I saw this situation in the NHS and the end result was many teams ended up with their allowances reduced. It is unfair for you and your team but there are likely to be obstacles to improving the situation not least your colleagues are likely to resent you pushing for it. That doesn't mean that you shouldn't but be aware and prepare for it.

Margaritatime · 25/05/2021 16:24

This is a long shot question, what sex are the people on your rota and on the other rota? If your rota is all female and one of the others has at least one male you might have an equal pay claim.

As others say, TU and other employees will not want to do anything that impacts on the pay of the other rotas.

Atlanticpa · 25/05/2021 17:34

There are people on our team with protected characteristics and majority of other rotas would be straight white men but that isnt the reason for the difference. We raised the issue over 2 years ago so in the event of success the overall underpayment for that period would soften the impact of other people being annoyed with us. It is also public sector and they have been quite open about the fact that fixing the issue is in the 'too difficult' pile so it has taken this long to get any progress. Just wondering whether to accept some progress or go for full equality (if there is any basis for that).

OP posts:
GoldenBlue · 25/05/2021 17:55

It doesn't need to be the reason for the difference, it only has to be a reality that the policy negatively impacts one group with protected characteristics more than a group without those characteristics

Margaritatime · 25/05/2021 22:41

If your public sector and they have admitted it is a known problem then you all need to lodge a grievance with female members additionally using a male comparator in the other teams as this is an Equal Pay issue.

They are relying on you not making it formal. Once it is formal there is a process to be followed which might lead to a test case to an Employment Tribunal.

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