Internation Colleague Earns More Than Me Due To Visa Requirements

spinelesscrettin · 27 September 2016 at 3:50PM

I was recently promoted in my current job taking my salary from 28 to 30 k. A colleague of mine is doing exactly the same job (to what I was promoted) earning ca. 35 k. Now, I know that she earns this much because she is not from the EU, and her tier 2 immigration visa stipulates a minimum salary of 35 k.
I've been to HR and got fobbed off - they basically said conditions when she was hired (4 years ago, the same time as me at my initial grade) were different to the conditions now (when I got promoted to her grade). I know this isn't true as a 3rd colleague was hired at her grade at the same time and is on 32 k.
Do I have any grounds for recourse and does anybody have any advice?
Unfortunately, this is compounded by the fact that the colleague on more money has now moved to the US (still working for the same company).
Any advice would be greatly appreciated. I am happy with my job and don't massively need the money, it just riles me to be lectured about equality by my employer when they seemingly don't practise what they preach.
Paul

dcouponzzzz · 27 September 2016 at 3:54PM

I work for 29k, a colleague is earning 32k and another is earning 38k. The person I'm replacing earned 45k. In my previous job some team members were on 16k and others on 24k for the same role.

Bear in mind that it's usually against company policy to discuss pay to avoid situations such as the one you're in now where you feel less valued than someone else.

Regardless of this rule though, you get payed what you're worth considering your own personal experience, transferrable skills and ultimately your negotiation skills during being hired.

Short summary - let it go

Guest101 · 27 September 2016 at 4:00PM

It's perfectly legal to pay people different amounts for the same job.

Heliflyguy · 27 September 2016 at 4:26PM

dcouponzzzz wrote: »

Bear in mind that it's usually against company policy to discuss pay to avoid situations such as the one you're in now where you feel less valued than someone else.

It doesn't matter if it is against company policy.

A company cant stop employees discussing what they earn although as you rightly say it can often create problems but it is important that it can be discussed to ensure there is no discrimination.

http://www.telegraph.co.uk/men/thinking-man/11587099/If-we-all-talked-about-our-salaries-would-we-earn-more.html

http://www.thisismoney.co.uk/money/experts/article-1698485/Can-I-discuss-my-pay-with-colleagues.html

ohreally · 27 September 2016 at 4:30PM

dcouponzzzz wrote: »

Bear in mind that it's usually against company policy to discuss pay to avoid situations such as the one you're in now where you feel less valued than someone else.

How would this policy comply with the equality act 2010?

dcouponzzzz · 27 September 2016 at 4:44PM

ohreally wrote: »

How would this policy comply with the equality act 2010?

It wouldn't, but it doesn't stop my company including a disclaimer on contracts, merits and bonus payments stating the contents of the document are not to be discussed with colleagues.

We're not all equal. Some are better at their jobs than others and their pay should reflect that. I would expect the pay range to be published and discussable (real word?) but do you really thing everyone knowing each other's salaries would benefit the employees themselves? It just fosters a culture of discontent and unnecessary rivalry.

Mersey_2 · 27 September 2016 at 4:53PM

Firms can include purported disclaimers and clauses, but they're unenforceable if they fail to comply with the law.

It's quite normal in larger firms for pay grades & bands to be published on the intranet.

But yes this culture of secrecy is why we're still seeing historic equal pay claims only just being settled, particularly in schools.

dcouponzzzz · 27 September 2016 at 4:55PM

After reading the 'thisismoney' link above, it appears the clause is only unenforceable if pay is discussed in regards to a discrimination investigation. Say a woman asks a man how much he earns to see if there is any discrimination, the man can't be punished for disclosing.

It doesn't state that pay can be discussed for no reason.

Mersey_2 · 27 September 2016 at 4:55PM

Guest101 wrote: »

It's perfectly legal to pay people different amounts for the same job.

If based on criteria including experience and so on yes, but not if based on age, sex, race... etc

Guest101 · 27 September 2016 at 5:06PM

Mersey wrote: »

If based on criteria including experience and so on yes, but not if based on age, sex, race... etc

Absolutely, the hurdle of course is to prove that was the sole reason. Given the company have given their reason, which seems to be based upon negotiation by the employee and being market rate at the time, neither of those things are protected characteristics.

Undervalued · 27 September 2016 at 5:31PM

Mersey wrote: »

If based on criteria including experience and so on yes, but not if based on age, sex, race... etc

It doesn't actually have to be based on anything at all as long as it is not based on one of the handful of reasons prohibited by law.

Internation Colleague Earns More Than Me Due To Visa Requirements

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