New Discrimination Laws?

vivaladiva

My husband is employed as one of 25 people all doing the same job. All 25 people are paid a different rate (must be fun for personnel!). He has an official pay scale for his job, but in 25 years has not reached the top of it. He knows for a fact that other people are being paid more. The other day one of his colleagues - who is in the same position suggested that this situation might be against the new discrimination laws (something to do with same people doing same job should have same pay - which seems quite logical to me - I'm also having trouble with the aren't they? aspect). The colleague has asked the line manager for a print out of the salaries in their department (without names of who earns what) and the manager is refusing to provide the information.
What does anyone make of this situation? It seems really odd to me. The company is non union otherwise I'm sure this would never have been allowed to happen. The difference in salaries could be between £3000-£7000 pa. I'm sure the guys on the lower salaries would much appreciate this being sorted out. I've never heard of a 25+ year pay scale before!

dmg24

I assume the new discrimination laws you are referring to those are those regarding age.

If the pay scale is related to the age of the employee, then it is discriminatory.

If it is appraisal related, and/ or according to time in service, then it is not discriminatory.

Do you have any further information about how the pay rates are decided? Also, approximately how much is the average salary? A difference of £3000 is much more significant on e.g. a £10000 salary than on a £100000 salary.

Hanxx

This happens all the time in the world of work. Generally speaking, two people can be paid different rates of pay for doing what is essentially the same job - and believe it or not, this is not normally unlawful!

However, it could be if the reason for the pay difference is discrimatory. I am mainly talking about discrimination on the grounds of sex - men being paid more than women or vice versa. This is what is known as direct sex discrimination, and protection from this comes under the Equal Pay Act.

It is possible that companies with extremely long, drawn out pay progression systems are acting unlawfully, but he would have to be able to demonstrate that the time involved to get from one end to the other INDIRECTLY discriminates against his gender. Generally speaking women tend to have shorter careers than men due to having kids, so the pay system you describe could possibly indirectly discriminate against women workers rather than men.

The new discrimination laws The pay system you describe may discrimate against younger workers, as older workers might be more likely to have longer service (and therefore a higher wage). However, government guidance suggests that a company will need to justify any length of service benefit that take longer than 5 years to achieve - This clearly covers your husbands situation. He could ask them to justify this.

If the pay progression system is not based on his personal performance at work then there is nothing to stop him from raising this issue with a manager at the appropriate level in the first instance. That's what I would do.

vivaladiva

Apparently much of the difference comes down to whose face fits! My husband gets about £3000 less than another employee (we're talking £25000-£28000). The colleague who has stirred all this up again seemed to think that there was more to the new legislation than just age.
The new manager has said to my husband that "he inherited the situation and there is nothing he can do about it."

vivaladiva

Thanks Hanxx - I'll get him to have a look at your post.
(BTW the thanks button has disappeared!)

Hanxx

No problem. I hope that he gets on OK with it.

dmg24

If you question the salaries of the whole department, it can get very messy and your husband may be picked out as a trouble maker, which certainly doesn't seem to be his intention in bringing up the issue. I might be more inclined to ask his boss to review and justify your husband's pay only, and if this doesn't lead to a more fair pay level then seek evidence of the pay of the others.

The fact that it is down to whose face fits is commonplace. It always seems to be the bosses best mate that gets the promotions and pay rises!

Good luck x

ohreally

Stefan Cross has made a lucrative carrer from (un)equal pay claims. Given the lack of trade union recognition with the employer, consider advice from SC
http://www.stefancross.co.uk/

Hanxx

But try not to pay for any intitial advice. Stefan Cross is now a multi-millionaire on the back of equal pay cases, and he is in it to make himself more cash (as all solicitors are). And remember, equal pay is purely a gender related argument.

I would suggest taking any initial advice from Acas (goverment department) first on their helpline which is 08457 47 47 47. The call will be charged at a local rate. You could also try their website at https://www.acas.org.uk.