Can I demand the same wage....

oscar52

....bit of background first.

I was seconded to another department for over 12 months. Original department then decided to recall me, telling me I was going back to old job (but there had been some changes - fine). When I got there on the given date, was told I was doing a completely different job. Did bring this up, and to personnel (as advice rather than greivance). Was told at time numerous things such as "maybe I should consider my future career" - am aware that TUPE was breached and possibly could even be constructive dismissal. At time (12 mnths ago) decided not to rock the boat, primarily due to jobs market.

Anyway, things have changed again. Originally, I was aware that my paygrade was lower then that of the job I was doing, brought this up with my manager who has stated they had brought it to the attention of their manager, but were told no (employer at present also has a hold on promotions and payrises)

Recently, have become aware that I am essentially the lowest paid member of the team (still a band lower than I should be) and other people with a shorter tenure are on a higher salary.

Question is, I am thinking of approaching the department manager direct to ask why I am being paid much less (I think the closest salary is still just over £1100 more then me) than other colleagues. Can I demand (so to speak) that my pay is 1) increased and 2) can this be backdated?

My only obstacle is, according to company policy, that salary is considered confidential and should not be dicussed, though I could possibly get round this by stating my information is confidential.

Any advice?
Thanks in advance.

briona

I would certainly NOT "demand" an increase or backdating of your salary – you have no legal rights to be paid the same as other team members and as you have already been told to "consider your future career", I think you'd be a fool to try forcing your company's hand. Your salary, even at £1,100 LESS than the next lowest, is likely to be far higher than the money you'd get on JSA...

Instead, perhaps you should think about WHY you should have a pay increase (and "someone else earns more" is NOT a good reason). Have you, for example, improved company performance? Met or exceeded department/company targets? Reduced wastage or non-conformance? Won new business? I suggest that you come up with a list of performance-based reasons – ideally with some evidence to back them up – and ask to speak to your boss about a pay review (note: 'review' NOT 'increase').

Briona

Oldernotwiser

oscar52 wrote: »

...
My only obstacle is, according to company policy, that salary is considered confidential and should not be dicussed, though I could possibly get round this by stating my information is confidential.

.

If it's company policy that salaries shouldn't be discussed then you would be in as much trouble for discussing someone else's salary as would the person him/herself.

oscar52

Fair points, but could I not argue that my salary is incorrect for the job?

Looking at my original post, this may not be clear, but the company I work for ( Large american credit card company - in UK) bases salary on job codes and bands. Everyones job code is the same, and everyones band is the same (bar me) - if I were to apply directly for this post rather than being pushed or forced into it, I would be entitled to the higher banding - so why not now?

timmmers

Company policy does not trump law.
For example...a woman beig paid less than a guy doing the same job would be illegal.
Ditto age, race etc.

http://www.equalities.gov.uk/what_we_do/women_and_work/equal_pay.aspx says that it's oddly legal only if the people are the same gender ...:) are they ?

Someone muxt have discussed pay at some point here...and not the OP since they couldn't know their workmates payment without being told by one of them at least?

So...I'd get legal advice to be sure, then maybe approach the company and say that I'd been informed by workmates doing the EXACT same work that they were getting preferentail rates of pay and/or conditions to me.

It's true that jobs are hard to find now, and that JSA isn't a great wage (nice backup intimidation there BTW...we should all be lucky to work hard for peanuts eh?)...and that crack about considering your position there is a blatent threat IMO.
What are they going to do, sack you for asking to be treated exactly the same as anyone else there...and legally paid the going rate that prevails there? Good luck to them in any tribunal with that one.

I wouldn't be pushy or demanding though, you have no need...you just want your fair pay and equal treatment like everyone else. Being bolshy will raise their hackles for no reason...maybe try and find a better avenue to pursue, another person or the HR dept to ask?

GL

t

DVardysShadow

Oldernotwiser wrote: »

If it's company policy that salaries shouldn't be discussed then you would be in as much trouble for discussing someone else's salary as would the person him/herself.

I really cannot go along with this. It is old fashioned nonsense about not discussing your salary - it only advantages the employer. Everyone should pin up their payslip once in a while. If the employer is comfortable with their pay policies it should not cause them a problem.

Oldernotwiser

DVardysShadow wrote: »

I really cannot go along with this. It is old fashioned nonsense about not discussing your salary - it only advantages the employer. Everyone should pin up their payslip once in a while. If the employer is comfortable with their pay policies it should not cause them a problem.

I don't agree with it myself but I was merely pointing out that if the company policy says you shouldn't then it's not just your own salary that this covers.

briona

Actually it IS possible to find out your colleagues' salaries without having to discuss them. In a previous job, one of the management team printed out the company's overheads (among them were the staff salaries) and left the print-out on the photocopier in the hallway outside my office... from which I found out that there was a 10.5K difference (really!) in salary between the lowest paid and the next lowest paid!

timmmers wrote: »

So...I'd get legal advice to be sure, then maybe approach the company and say that I'd been informed by workmates doing the EXACT same work that they were getting preferentail rates of pay and/or conditions to me.

But back on topic... can the OP PROVE that his/her role is EXACTLY the same as his/her colleagues' roles? Depending on when the people were hired, some may have an updated/increased/otherwise different job description. If that is the case, the OP cannot expect to be paid the same...

timmmers wrote: »

It's true that jobs are hard to find now, and that JSA isn't a great wage (nice backup intimidation there BTW...we should all be lucky to work hard for peanuts eh?)...and that crack about considering your position there is a blatent threat IMO.

"Backup intimidation"?! :rolleyes:

Firstly, we don't know what the OP's wage is – it could be minimum wage, in which case earning £1,100 less than his/her colleague(s) would be quite a major difference, or it could be £25K compared with just over 26K. In which case, it might be irritating to find you're earning less but it's hardly "working for peanuts".

I stand by what I originally said, which is that making demands won't work, and that the OP should come up with a list of measurable positive things he/she has done and approach his/her boss to discuss a pay review...

Briona

oscar52

Again, all valid points.

Everyone in the team does exactly the same job (though not necesarily (sp?) on the same day. The person I know that is paid more than me that I mentioned has been with the employer for two years less than me, has worked in less departments than me, and as such has less knowledge (from the employer point of view than me).

Maybe "demand" was too strong of a word, but surely I should question why I am being paid a job band that is lower, inconsistent and irrelavent to the job I am doing. I think I stated above - if my job, at the lowest level, explicity states (within the job description) that the job code is X as a pose to Y (a lower job code), then surely I should be paid at X and not Y. Of course I would never jepordise my colleagues job - I would just state that I was "aware" of other peoples salaries.

Saving the company money etc is irrelevant in this case (IMHO) - this is where additional pay comes in - but what ever job I am doing, for whatever company, I should expect to get the minimum amount that that job dictates.

Zazen999

Hi boss. Did you know that I'm still on the wrong pay band? Any ideas when it is going to get sorted. Thanks. Oscar.

selby

You say that your company has a pay freeze atm so no-one is going to get an authorised pay rise regardless of any promotion or job change. I would wait for your annual review or a time when the pay freeze has been lifted. I doubt whether you would be treated as an exception at a period when they are clearly trimming costs. Cast your CV around if you are truly dissatisfied.