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Two employees - same job, same hours -different pay
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# 1
chocky
Old 07-07-2008, 10:38 PM
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Default Two employees - same job, same hours -different pay

My husband starting working for a small local builders yard in February 2007. The guy that was interviewing told my husband the salary the company were offering (which was acceptable) and said that when my husband had worked there for a year, the company would give him an increase in salary. In February this year (after my husband had worked for the company for a year), he went to one of the partners in the company and asked for a rise, explaining that the guy that had hired him had said his salary would be increased after a year. The partner said that the guy that had interviewed him no longer worked for the company and that he hadn't the authority to promise a rise at the interview. Also the company could not afford it.

However, my husband has since found out that a colleague who does exactly the same job and hours as my husband gets 1000 more a year than my husband!

I'm fairly certain this is not legal and that my husband has a case to argue. I'd welcome any advice as to where we go from here and also from anyone else who has been in this position. Many thanks.
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# 2
floss2
Old 07-07-2008, 10:41 PM
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How long has this other person worked for the company? Did your husband get anything in writing about increments? Has your husband compared his job description with the other persons?
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# 3
blue_haddock
Old 07-07-2008, 10:54 PM
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There are many reasons why two people doing the same or similar jobs - i cannot see how you can have any grounds for thinking its illegal.
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# 4
chocky
Old 07-07-2008, 11:13 PM
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Thanks for your replies.

floss2 - the other person started the month before my husband. He didnt get anything in writing about a rise and his job description is EXACTLY the same as the other employee.

blue_haddock - Two people, doing exactly the same job and hours - doesnt equality mean equal pay too?
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# 5
judderman62
Old 07-07-2008, 11:25 PM
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Quote:
Originally Posted by blue_haddock View Post
There are many reasons why two people doing the same or similar jobs - i cannot see how you can have any grounds for thinking its illegal.
what he/she said ^^^
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# 6
judderman62
Old 07-07-2008, 11:27 PM
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Doesn't in most industries.
and what he/she said ^^^

I was once asked at appraisal time if I felt people should be paid the same salary or get same increase if they are on same level (i.e based PURELY 0n "grade" or job title)- I thought it was the more ridiculous thing I'd ever heard in my life :confused::confused:
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# 7
zzzLazyDaisy
Old 07-07-2008, 11:32 PM
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Quote:
Originally Posted by chocky View Post
Thanks for your replies.


blue_haddock - Two people, doing exactly the same job and hours - doesnt equality mean equal pay too?
The only time that might be unlawful is if a male and a female worker were doing the same job and hours but one was being paid less than the other - if there were no other explanation, the conclusion might be made that the difference in pay was due to their gender, and that would be unlawful.

If you are talking about two men doing broadly the same work but on different pay, then no, that is not unlawful. In fact it is quite common in some industries for employees to be given grade increments simply because of the years they have been there.
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# 8
judderman62
Old 07-07-2008, 11:36 PM
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does no one else here work in jobs/companies/industries were pay is performance related and where differences in salaries would be the norm :confused::confused::confused:
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# 9
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Old 07-07-2008, 11:40 PM
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Originally Posted by judderman62 View Post
does no one else here work in jobs/companies/industries were pay is performance related and where differences in salaries would be the norm :confused::confused::confused:

No, infact i would be puting it to the employer that an earnings audit may be appropriate as well as a job evaluation exercise.
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# 10
whowho
Old 07-07-2008, 11:46 PM
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It's always been the norm wherever I've worked for people to be doing the same job, but getting different rates of pay.

It could be that the other person negotiated a better salary at his interview, he has certain other skills that render him "more useful" to the company, or maybe they approached him to work for them and were prepared to offer him more.

It's absolutely legal, and the way your husband is feeling is the reason that most places have rules about employees discussing their pay.

Sorry hun.

Last edited by whowho; 07-07-2008 at 11:47 PM. Reason: awful spelling!
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# 11
judderman62
Old 07-07-2008, 11:53 PM
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so not just me then :rolleyes:
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# 12
DKLS
Old 08-07-2008, 9:20 AM
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Its common practice, wherever I have worked, staff doing the same job to be paid differently, and usually its a sackable offence to discuss salary with other staff.

I gave two staff appraisals yesterday, both doing the same roles, but they couldnt be more different, 1 came to the meeting armed with facts and figures about their performance, lots of new ideas and enthusiasm and she negotiated a 3K payrise and 2 additional days holiday out of me, the other didnt put any effort in to the appraisal and got £500.

I am very pleased as I budgeted up to 4k each.

Last edited by DKLS; 08-07-2008 at 9:25 AM.
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# 13
floss2
Old 08-07-2008, 9:28 AM
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Quote:
Originally Posted by judderman62 View Post
does no one else here work in jobs/companies/industries were pay is performance related and where differences in salaries would be the norm :confused::confused::confused:
Yep, I have....quite common until my current employer (local authority undergoing pay review)
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# 14
floss2
Old 08-07-2008, 9:30 AM
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Apart from anything else, it may just be that the other person has more relevant experience or is just better at the job.......and therefore can command a higher salary.
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# 15
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Old 08-07-2008, 3:06 PM
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Quote:
Originally Posted by zzzLazyDaisy View Post
The only time that might be unlawful is if a male and a female worker were doing the same job and hours but one was being paid less than the other - if there were no other explanation, the conclusion might be made that the difference in pay was due to their gender, and that would be unlawful.
What if one is gay, and one straight? Or one black and one white? Then it might be unlawful too!
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# 16
blue_haddock
Old 08-07-2008, 6:50 PM
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Quote:
Originally Posted by chocky View Post
Two people, doing exactly the same job and hours - doesnt equality mean equal pay too?
No it just mean one is better at negotiating a better wage for himself!
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# 17
Conor
Old 08-07-2008, 7:12 PM
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Quote:
Originally Posted by chocky View Post
However, my husband has since found out that a colleague who does exactly the same job and hours as my husband gets 1000 more a year than my husband!

I'm fairly certain this is not legal and that my husband has a case to argue..
Its perfectly legal to pay someone doing a job whatever the employer wants to as long as its at least NMW. There is nothing anywhere in law which states that two people doing the same job have to be on the same pay save equal pay law for women but that's for something entirely different than your post.
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# 18
zzzLazyDaisy
Old 08-07-2008, 7:56 PM
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Originally Posted by surreysaver View Post
What if one is gay, and one straight? Or one black and one white? Then it might be unlawful too!
The point I was making - perhaps not very clearly - was that having different pay for people performing similar roles is not, in itself, unlawful, which is what OP seemed to believe.

It is only when such pay differentials are based on factors which amount to unlawful discrimination that they would fall foul of the law - in my example gender, but yes, you are of course right - differential pay scales based wholly or mainly on sexual orientation, race, religion, disability or age (rather than experience) - would all be unlawful. As would a policy of, say, paying part-timers a lower hourly rate than full time workers, simply because they work part-time.

Last edited by zzzLazyDaisy; 08-07-2008 at 8:00 PM.
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# 19
hayley11
Old 09-07-2008, 9:20 PM
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Okay just wanna stick my nose in, feel free to ignore me

In an old job, I started 18 months after my colleague who did EXACTLY the same thing as me but within a year I'd overtaken her in pay because I performed very well and she didn't. She always got the smallest cost of living rise.

And in my most recent job, 9 of us started on the same day (it was for an insurance company in the call centre) some of were offered higher than others based on our experience and qualifactions.

So I can't see it being illegal. It doesn't even make sense to say two people doing the same job SHOULD be on the same wage because as with the first example, one might work really hard and achieve and the other might not. Wouldn't be fair for the hard worker to miss out and wouldn't be fair if the other person got a rise for nothing.

OP - not saying your OH is not hardworking or anything like that, this is just my experience, it might be totally unfair what his employers are doing
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