Internation Colleague Earns More Than Me Due To Visa Requirements

KiKi

Equality doesn't mean everyone earning exactly the same thing. Yes, there is equal pay law, but it does allow for differences in levels of skills and experience. You've recently been promoted so presumably you're at the bottom of that pay grade, whereas others have been recruited in directly at that grade at more money - perhaps because they already have this experience so can make a greater contribution.

If you're not happy with your salary then you need to negotiate. But it's a recent promotion, and £2k difference at that level can easily be explained away by skills or market rate that needs to be paid to attract those skills in.

Mersey_2

Undervalued wrote: »

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.

There is case law that shows it's best to be objective.


Indeed a large cohort of workers in 2012 received equal pay claim payouts, not because they proved sex or age discrimination; but because it was held to be, "indirect discrimination...on the balance of probabilities" which is all that's required in civil matters.


You don't have to prove (beyond reasonable doubt for example as in the higher criminal threshold), as I'm sure you're aware.


Even Weightmans (solicitors who act for firms and oppose employment claims) advise in their Employment Law Bulletin, '...with all risk management, it is best to have criteria and documented pay scales in place...as it is fairly easy for an employee to raise an equal pay claim. Sadly, in our experience, employers are then under time pressure to contact former managers and concoct a paper trail of sorts, which is never ideal.'

Mersey_2

Guest101 wrote: »

Absolutely, the hurdle of course is to prove that was the sole reason. Given the company have given their reason...

Yes I agree up to a point re the OP.


I was merely responding to your post (#3).

getmore4less

spinelesscrettin wrote: »

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

If you new all this you should have negotiated as part of the promotion not after.

ScorpiondeRooftrouser

Undervalued wrote: »

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.

Indeed, and in most cases it's based simply on the fact that person A said yes to £28K and person B said no to £28K and yes to £32K.