Being paid less for same job-is this legal?

[ThirstyMeeples]

Hi, I've recently found out that I am earning less than another female colleague for exactly the same role. If anything, I have more responsibility. She had more experience than me when she got the job but the work we do is exactly the same and neither of us outperforms the other. Thanks.

Of course it is legal

It just means she's a better negotiator than you! If you want more money , you need to come up with a list of ways that you are worth more

Yes it is entirely unquestionably legal.

I had a look on the Unite website and it seemed to suggest that it wasn't legal and you could claim for back years. I've no doubt she is a better negotiator than me as I'm pretty quiet but it seems unfair to be penalised because I'm shy.

How are you being discriminated against?

I'm not claiming I'm being discriminated against? I'm aware being shy isn't a protected characteristic. I was just curious as it seems unfair when I have more responsibility.

Have you asked for a raise and put a business case to them as to why you should receive it? They've done nothing wrong at all on paper, unless there's a big back story - sorry.

While it's unfortunate, the onus is usually on the employee to negotiate up rather than the employer to offer raises proactively as a matter of course.

It's a good chance for you to practice your negotiation skills which is going to be beneficial in general in your future.

How did you find out how much she earns? What you don't want to do is go in and say I know Sue earns £xx so I should do too.

If anything, I have more responsibility.

It's important to be clear on this when you speak to them. Do you have some line management responsibilities / handle larger accounts than the others / deal with more clients than others etc? You need to be able to articulate to them what the additional responsibilities are and why you believe they should be reflected in a change to your salary.

Perfectly legal in a career graded role. She may have more experience, qualifications, time served, examples of how she has met essentials and desirable requirements within and outside of the role.

Thanks, that's helpful advice youvegottenminuteslynn I think they will equalise things moving forwards. I actually have an offer elsewhere for far more money but have always been very loyal which is why I think it has surprised me. I'm not very business minded so I always valued loyalty and team above pay but this feels unfair. I have lots of good skills but being assertive and negotiating are not among them unfortunately!

When you're negotiating don't be afraid to mention you've had an offer for the higher amount - as long as you're genuinely prepared to leave if they don't want to match it.

Try to remember, if they had to cut jobs etc they would do so because their priority is the health of the business. Try not to make it personal - make a business case for a raise, including the fact that while you're a loyal employee you've been offered more elsewhere and have to take into consideration so would like to know if they could match it etc.

Interesting! Again, I wasn't going to mention that as didn't want to make it feel like I was threatening them in any way. Although to be fair, if I don't get the raise I probably would leave as I could work less for the same pay. Really helpful thanks again.

Nothing illegal about it. Annoying though.

How did you find out her salary out of interest?

I got offered my dr m job and just so happened to be standing next to a man when I got the offer. He insisted that I say I would consider it but wanted more money. I'd never have even thought about doing this but he egged me on and somehow I ended up with £10k more than I'd been offered which was a huge increase.

My new boss was impressed that I'd valued my worth so much and after discussions they agreed to it. The guy I was standing with said he always negotiated on pay, it had genuinely never occurred to me to do that before.

Completely legal. I am a bog standard teacher at the top of the pay scale. I earn significantly more than a teacher 2 years in for the same job. That’s the way it is.

It's perfectly legal. I earn about £5,000 more than my colleague who does exactly the same job. Unfair, but legal

In some public sector roles, and those that were once related, there is a pay scale which you enter based on experience and progress by increments. If she has been there longer, or had more experience when starting, she may simply be ahead on the scale but there may be a ceiling for the role which you both hit eventually.

Of course it’s legal. Why wouldn’t it be?

Two people who do the same job can be paid different amounts as long as one is not being discriminated against.

So if Ben is paid more than Jill because he’s a man, that’s not okay. But if Ben is paid more than Jill simply because he asked and they said yes, despite Jill being there longer/having more experience etc. that is okay.

Thanks for the replies. Like a PP, not something I'd ever considered before. I had naively assumed pay would be the same. I will be doing my best negotiating. But, if it doesn't work, I'll be giving in my notice.

@ThirstyMeeples

I had a look on the Unite website and it seemed to suggest that it wasn't legal and you could claim for back years. I've no doubt she is a better negotiator than me as I'm pretty quiet but it seems unfair to be penalised because I'm shy.

Can you link to what you read? I'm just curious what you could have seen that would make you think your particular circumstances as described would be unlawful.

Don't forget the Acas helpline is available for queries like this.

Key facts
People doing the same job or work of equal value should get the same or equal pay; but in many cases they don’t, even though though the law says they should. UNISON actively campaigns for fair and equal pay.

You are entitled to the same pay as anyone doing the same or broadly similar job, or a job of equal value, regardless of gender.
There are strict time limits on when you can lodge a claim.
If your employer is not treating you equally, they are breaking the law.

Sorry-that post above is from the Unite website for the PP who was curious. I'm sure you're all right though. No point looking back. Will just focus on re negotiation.

Equal pay rights are when it involved the sex of the employees.

I think Unite are trying to use inclusive language, but made things unclear. They should say sex not gender, as the law specifies sex.

The 'anyone doing the same job' and:regardless of gender' is legally meaningless if taken literally. I think they are trying to express that it's not just women who can make a claim for equal pay.

You are entitled to the same pay as anyone doing the same or broadly similar job,

If this is true, then how do pay scales work?

I have always worked in public sector where many jobs have a set range. So you will get people paid less for the same job because they haven't worker in the same role for as long. Eventually, everyone working the same grade will be paid the same. It just takes time.