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.

Being paid less for the same job isn’t automatically discriminatory otherwise bonus payments and performance related pay would be outlawed.

Age is however a protected characteristic. If the higher paid employee is older than you there are possibly grounds for claiming discrimination on this basis.

You are more likely to be taken seriously if you make a case based on your superior contribution to the company and the market rate for the role you actually do.

www.acas.org.uk/equal-pay

Equal pay and the law

tinpotspectator thanks for the link. It looks as if it suggests that employees ahould get equal pay for the same role?? That's my interpretation of it. I appreciate the 1st paragraph is about equal pay for opposite sexes but after this, it suggests employees should get the same pay for the same role. Is that your interpretation of it too?

I think it's in the context of sex discrimination.

The entire page is about pay in the context of sex discrimination.

Public sector may be different, but in the private sector you generally negotiate your contract with your employer, independent of anyone else. They offer you a job, at a particular salary, you agree, renegotiate or turn down that offer.

You may be thinking of the sex discrimination case which was made into the film 'Made in Dagenham' where female workers walked out in protest at sexual discrimination.

In your situation, you are perfectly at liberty to make a business case for a pay rise, accept your current salary or leave.

Claiming someone else is paid more isn't a very strong business case. In fact, you are in the strongest position to negotiate your salary before you have accepted the job. The easiest way to get a pay rise is to get a higher paid job, then ask current employers to match or better the other offer.

Good luck.

Sorry OP I don't think you answered this - how did you find out what your colleague earns?

@youvegottenminuteslynn

Sorry OP I don't think you answered this - how did you find out what your colleague earns?

OP doesn’t have to answer. Why does it matter?

Of course she doesn't, it was a question not a summons and I didn't know if I had just been thick and missed it! OP seems naive to the process and I didn't want her to say 'oh I saw sue's payslip and noticed she gets paid xyz' then get a bollocking for it. Equally didnt think it sensible for her to mention she's been discussing salaries with colleagues (though of course she can!) IF she works in the kind of place where management can be dicks about that stuff. However if she saw an internal job advertised, said bloody hell that's more than I'm on and Sue said is it? I thought we were all on that... then she could mention the public job ad when speaking to her work. I've tried to help on this thread, nothing else!

@ThirstyMeeples

tinpotspectator thanks for the link. It looks as if it suggests that employees ahould get equal pay for the same role?? That's my interpretation of it. I appreciate the 1st paragraph is about equal pay for opposite sexes but after this, it suggests employees should get the same pay for the same role. Is that your interpretation of it too?

No, it states that men and women should receive equal pay for equal work.

That whole page is about equal pay based on sex. It refers to that throughout as well as the Equality Act.

I don't know how you could possibly interpret it as referring to your situation. It could not be clearer that it is specifically discussing discriminatory pay situations.

@ThirstyMeeples

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.

For anybody who finds this thread when looking for advice themselves, this quote is from this page:

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

Which is a union website with a disclaimer at the bottom of the page. Although I agree it is less clear than Acas (which is why you should start with Acas for employment law advice tbh!) even the bit you've quoted indicates it's talking about discriminatory practices - "regardless of gender".

As does this paragraph from that page:

if you suspect inequality of pay on gender grounds (or on grounds of another protected characteristic, such as age or race) and you seek information from a colleague (or former colleague) to find out if – or to what extent – there is a connection between pay and having (or not having) a particular protected characteristic.

The whole concept of "equal pay" is about countering discrimination. I don't know if you're massively skim reading these pages or just reading what you want to hear, but either way you're barking up the wrong tree.

Anyway, good luck negotiating / job hunting.

@ThirstyMeeples

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.

Trouble is we'd probably get penalised for discussing it and how else would you know?

There are eight of us doing the same job where I work (private sector). I'd be very surprised if we're all paid the same even though we really should be.

Your company will most likely have a salary range - if it was illegal to pay different amounts to people they wouldnt have a pay RANGE!

Loyalty doesn’t pay if you want a better salary. One of my friends has a policy of never spending more than 2 years in a role. He always applies for another role & will negotiate small incremental increases as he goes (even if in the same company) and so his salary has increased by a huge amount over the years.

Hi, thanks for all the input. I've found it all helpful, even if the tone of some posts has come across as a little critical. I want to be forewarned so I'm in a stronger negotiation place and I feel better prepared now. It is unfortunate that I didn't negotiate a better salary to start with but I can't go back and change that now. As I said, I can move on if I don't get what I'm asking for. It's a bit of a lesson to me about being 'nice' at work and then realising that your bosses are not your friends.

Trouble is we'd probably get penalised for discussing it and how else would you know?

Under the Equality Act 2010, you cannot be penalised for discussing pay if it is for the purposes of finding out if there is discrimination related to a protected characteristic.