Fair treatment in workplace

SuperMum2010

Am hoping someone can help me with a query.

I have 16 years experience in my job, and am almost fully qualified to a high level and have a high level of technical knowledge and skill, but have one more batch of exams to sit which could take me a year of further study.

A new person has joined the company with no previous experience in the business and wants to sit the same exams. They have asked for, and are likely to get, 6 weeks study leave on the basis that their salary is low and "it would only be fair".

Knowing my employers as I do, it seems unlikely that I would be offered 6 weeks study leave because my salary is considerably higher than the new person's (although still below the national average and below the average for my position in other companies). Is this fair? Should I be offered the same amount of study leave to sit the same exams regardless of my current salary. Any advice very welcome! Thankyou.

SarEl

SuperMum2010 wrote: »

Am hoping someone can help me with a query.

I have 16 years experience in my job, and am almost fully qualified to a high level and have a high level of technical knowledge and skill, but have one more batch of exams to sit which could take me a year of further study.

A new person has joined the company with no previous experience in the business and wants to sit the same exams. They have asked for, and are likely to get, 6 weeks study leave on the basis that their salary is low and "it would only be fair".

Knowing my employers as I do, it seems unlikely that I would be offered 6 weeks study leave because my salary is considerably higher than the new person's (although still below the national average and below the average for my position in other companies). Is this fair? Should I be offered the same amount of study leave to sit the same exams regardless of my current salary. Any advice very welcome! Thankyou.

Wrong question I am afraid. Is it fair - well that depends on your point of view, and there will be views on both sides of the argument. Is it legal - that is the correct question. And I am afraid it is. There is no legal right to professional development, and no legal right to be treated in the same way as someone else (unless it is on the grounds of discrimination - which you would struggle to evidence here I believe, based on what you have said). Study leave etc is discretionary and the employer is entitled to take the view that having a much lower salary or less experience is a relevant matter to consider in granting it. Sorry about that, but unless you can come up with graounds that make this questionable in law you have no argument.

SuperMum2010

Thanks SarEl for your comments...I take your point re it being "fair" - its easy to get sucked into the "its not fair" thing, which I am trying not to do!! In terms of it being legal, there are other issues which I didnt include in my first posting as I was treading tentatively, but the new person is related to a partner in the firm, and the recruitment process was somewhat "lacking in structure" if you catch my drift. So basically it seems as if an unqualified person obtained a job that was advertised as needing a certain level of qualifications, and is now going to be trained at the company's expense to reach a level above me, and when I have requested the same training to reach the same level I am being denied it. POssibly just sour grapes on my part but I am just keen to know if I have the legal right to say hang on a minute!!

SarEl

SuperMum2010 wrote: »

Thanks SarEl for your comments...I take your point re it being "fair" - its easy to get sucked into the "its not fair" thing, which I am trying not to do!! In terms of it being legal, there are other issues which I didnt include in my first posting as I was treading tentatively, but the new person is related to a partner in the firm, and the recruitment process was somewhat "lacking in structure" if you catch my drift. So basically it seems as if an unqualified person obtained a job that was advertised as needing a certain level of qualifications, and is now going to be trained at the company's expense to reach a level above me, and when I have requested the same training to reach the same level I am being denied it. POssibly just sour grapes on my part but I am just keen to know if I have the legal right to say hang on a minute!!

Sorry, but no. "Discrimination on the grounds that I am related to the MD" is not unlawful. Either is recruitment terms or in terms of benefits. I honestly don't think it is sour grapes - I think you have every right to be p***d about it. But it isn't unlawful.

SuperMum2010

LOL! Thankyou...guess I will just have to resort to the Bach Rescue Remedy again!!!

bebewoo

If you are so skilled and experienced why do you need 6 weeks off?
This newbie is starting from scratch and expects to pass in 6 weeks.
Surely if this is the final batch of the exams it would not take you as long as it would for a beginner?
Could you ask for maybe a week?

SuperMum2010

Its 6 exams over a year period, so a week's leave for each exam. The exams can be taken as and when we feel prepared for them, so could take me a year, and newbie 18 months but the study leave would remain the same.

Tigsteroonie

Have you asked whether you can have the study leave? (You say that the other person "asked" for the leave, and you're questioning whether you should be "offered" it.)

If they said "No", have you asked "Why?" and cited the other case as precedence?

SuperMum2010

Thanks Tigsteroonie - I discussed it with my employers before I was aware of what my colleague had asked for. They have told me to provide some sort of documentation to justify what I would like in terms of leave/support etc eg. average earnings compared to mine, comparable jobs elsewhere, which is taking me a while to research as I want to put together a firm case for what I ask for. But it was only recently that I learned what was being asked by the other person so I suppose I should now go back and ask for the same and see what happens! I was really looking to find out if I had a case for asking for the same before I go back, rather than looking like a complete wally! but it looks as if I dont. however I will ask "why" if it is officially denied.

zzzLazyDaisy

But they haven't said no. They have asked you to come back to them with details of what you actually want/need and a comparison with similar positions in the industry, presumably to justify your request for support to obtain further qualifications.

You need to focus on this, and comply with their requirements - they may well say yes.

If they refuse your request, then that is the time to raise the issue of inconsistent treatment, which while not unlawful, from what you say, may be something that they'd be prepared to consider (you don't say, so I am assuming that the other person is the same gender as you, so there is no question of sex discrimination here?)

SuperMum2010

zzzLazyDaisy wrote: »

But they haven't said no. They have asked you to come back to them with details of what you actually want/need and a comparison with similar positions in the industry, presumably to justify your request for support to obtain further qualifications.

You need to focus on this, and comply with their requirements - they may well say yes.

If they refuse your request, then that is the time to raise the issue of inconsistent treatment, which while not unlawful, from what you say, may be something that they'd be prepared to consider (you don't say, so I am assuming that the other person is the same gender as you, so there is no question of sex discrimination here?)

Thankyou! No, other person not the same sex...