Equal pay issue - am I being gaslighted by employer ?

[OhBugger125]

I need advice please.
Had a colleague working same job title and job description. Recently found out he was started on a salary around £2k higher than mine. He has since left the business but has given me a copy of his offer letter and last wageslip as we remain in touch.
HR tell me there i have no case under Equality Act as we ended up on same wage. This is because he underperformed and I only caught up over several yrs of little pay rises. However for several years he WOULD have been earning more than me.
I found the meeting with HR quite intimidating, I am not very good at sticking up for myself. I have no union. My manager is on the fence so i cannot expect support from them.

In an ideal world I would like them to increase my wage to what it would have been if we'd been on same salary initially plus the overall percentage of my wage rises - this would give me another £1 per hour. Plus backpay for the last 6 yrs when he was earning more, this would probably not add up to too much as generally it is a low salary - but I am stressed and this is playing on my mind - I feel used.

Anyone know where I stand on this please? Advice? Or are HR right and do I not have a case ?

Maybe he had more experience or bettet qualifications when he started in the first place? Or he may negotiated better starting salaelry at interview stage. Its not communism so why would you think everyone has to be on the SAME salary??

He was less qualified than me, and did not have more experience - as became apparent when I trained him up. I agree this is not communism but the Equal Pay Act states equal pay for equal work .

I am genuinely just trying to see where I stand legally. Is it legal for a business to offer a higher wage at interview stage as surely this goes against the act ? Hence me asking for advice as I do not know.

You would have to prove he was given more money based on the fact he was a man.

I get paid above other people at my grade because that's what I asked for and they wanted me to work there. So I get paid more than some men and some women.

Back pay is unlikely to happen. The equal pay for equal work thing is a very unhelpful statement. Employers have no obligation to pay everyone at the same grade the same wage.

My employer could justify me getting paid more very easily.

Hesafriendfromwork
Thank you - So do you get paid more for doing exactly the same job as some others?
The Act seems to be black and white in this at face value - but in reality people I have spoken to seem to think its a waste of legislation, and it seems to be true if employers have, as you say, no obligation to pay everyone the same grade the same wage - but we did exactly the same job - is this not different ?
Sorry - but I am so stressed - I really am grateful for all replies.

Seek legal advice OP.
Or join a union - their lawyers will be able to advise you. To me it sounds as though you have a good case but you need legal advice.

Thank you - So do you get paid more for doing exactly the same job as some others?

Yes. Same job. Some been their longer than me. The CEO justified because when we met he like my attitude to people management and feels that's something his company is missing.

Its not a skill or experience.

Employers can pay people more or less that others if they can justify it and it's not for discriminatory reasons.

I wasnt given more money because I am a woman or white or non disabled. I was paid more because he wants to be able to prove to the board that the right person with the right mindset can be just as valuable to the company as someone with the right qualifications. He needed me, I needed a certain amount to go.

I was given a my pay because that's what it took to get me. Took a year of on/ negotiating.

You are right. In practice it's not black and white.

Have you talked to Acas?

Thanks for all of the replies.
I think that I do need to take some advice then - I have just seen that ACAS have a number so I will give them a call in the morning.

What is so frustrating for me is that I should have done all this years ago - I had been carrying this person for such a long time as they were inefficient, and to find this out now is hugely disheartening. HR at my company are only ever going to put the business first .
I think I need to work on being more assertive - 'hesafriendfromwork' - you are pretty inspirational - its really good that you managed to get yourself a good deal.
My employers know I'm unlikely to resign (part time worker around school hours - jobs like this are hard to come by here) so have me over a barrel. They absolutely need me - but know I'm tied to them so they have taken advantage of that.
I'll see what ACAS say in the first instance.

Thank you everyone.

Our team who all do the same job are all paid different amounts
It depended on
. Job market when they were hired
Their negotiation skills
Relevant experience
It's not illegal

You'd need to prove that he got more cause he was a man and you got less because you were a woman.
Very difficult case to win.

” You'd need to prove that he got more because he was a man and you got less because you were a woman.”

Absolutely wrong. The woman has to demonstrate that there is a male comparator who is/was paid more. The burden of proof is then on the employer to prove it was because of an allowable ‘material factor’, which can include performance, skills, experience, length of service, that type of thing. The woman does not have to prove it was because he is a man. The employer has to prove the disparity is for another reason.

This is useful.

But she has to have that information to win.

You are right I misworded it. But if she has nothing, to back up what she is saying then it wont go anywhere.

So in reality, she does need proof. Her just saying it, is easy for them to disprove instantly. Being able to show a pattern of men getting paid more, would be harder for them to disprove.

At which point OP has taken action against her employer. It's not fair, but that rarely works out well for the perosn in question.

This is the big problem with complaining on grounds of discrimination. An employment law in general.

Yes the burden of proof is on the employer. But as pp said, it's not really. The person claiming discrimination basically has to provide a water tight complaint.

” But she has to have that information to win.”

She does. She has his job title, his job description, his offer letter and his payslip. She has proof of a male comparator and proof that he was earning more.