Same job gender experience different pay legal or not

Ajls87

I have been at my company 8 years another guy has been the same we both passed our exam at the same time and have recently found out he is earning 4k a year more than me I am 29 and he is mid 40's and he coaches the MDS kids football team and I have just passed another exam and that's when I found the wage difference. I asked why I was on less and he said age and experience. I questioned this and then changed his answer to I am a trainee (bit I was earning less than him before the exam). LEGAL OR NOT LEGAL and how do I fix this

agrinnall

Legal from what you have said. I'd suggest that you don't discuss salaries with your colleagues but with your line manager or HR.

nicechap

What does your union say about the guy doing more than you do (coaching MDS football team)?

You could study the attached and see the history of equal pay act in UK. Where are you based and what is your industry?

http://www.imdb.com/title/tt1371155/

paddyrg

Completely legal. He's a better negotiator, and in fairness maybe has more costs than you. Maybe he's actually better at his job than you, maybe he has other responsibilities or an extra 15 years of life skills that make him more valuable.

If you don't like it, ask for more money, or get another job. You could probably both get fired for discussing salaries, so best not use that as your ammunition! The agreement you have with the company is entirely separate than the one he has with them, and his is none of your business whatsoever.

Nicki

paddyrg wrote: »

If you don't like it, ask for more money, or get another job. You could probably both get fired for discussing salaries, so best not use that as your ammunition! The agreement you have with the company is entirely separate than the one he has with them, and his is none of your business whatsoever.

Then she'd definitely have an employment claim against them!

Discussing your salary with an employer or anyone else for the purposes of finding out whether you are paid less for a discriminatory reason is most definitely legal, and an employer who does this is protected by law from all employment sanctions

http://www.telegraph.co.uk/men/thinking-man/11587099/If-we-all-talked-about-our-salaries-would-we-earn-more.html

xapprenticex

Dont get why peole insist on discussing salaries, THIS is what happens when you do people. someone gets b#thurt and wants to sue the world.

motorguy

Ajls87 wrote: »

I have been at my company 8 years another guy has been the same we both passed our exam at the same time and have recently found out he is earning 4k a year more than me I am 29 and he is mid 40's and he coaches the MDS kids football team and I have just passed another exam and that's when I found the wage difference. I asked why I was on less and he said age and experience. I questioned this and then changed his answer to I am a trainee (bit I was earning less than him before the exam). LEGAL OR NOT LEGAL and how do I fix this

Of course its legal.

He may have more experience overall, or is a better negotiator.

How do you fix it? Negotiate for more money - of which the company are not obliged to do anything - or leave and go somewhere else for more money.

Welcome to "life" by the way.

theoretica

There are enough differences between you that likely it is legal and these cases are hard to make with only two people. If there were more men and women involved it would be easier to see what might be going on. For instance you say you have the same qualifications, but you have just passed an exam, if he passed it some time ago that is a significant difference there.

However, some of points by posters on why it is legal are not strong. Take for instance the 'he may be a better negotiator' which comes up a lot. The legal requirement in this country is that the employer does not discriminate between men and women, even indirectly. So, for instance, women being more likely to have part time roles led to the requirement not to discriminate against part time employees. There are various studies which have shown that men are both more likely to negotiate than women, and to be successful when they do - so unless negotiating is a part of the job then this indeed can count as gender discrimination.
For instance from Forbes:
A second fix for the gender pay gap is to eliminate negotiation.

http://www.forbes.com/sites/kimelsesser/2015/11/19/two-solutions-for-the-gender-pay-gap-that-can-be-implemented-today/

somethingcorporate

Perfectly fine.

My salary band stretches from £46-73k so some people can be doing exactly the same job for 50% more salary. It comes down to how well positioned they are, their experience, education, background and negotiating skills.

C'est la vie.

ohreally

Are there differences in the work done with your comparator? EA, S65 allows for comparison of equal work or like work (CH3 equality of terms). Has the work been evaluated (yet)?

Have a read about discussions on pay, a restriction would almost certainly be unlawful and unenforceable...http://www.legislation.gov.uk/ukpga/2010/15/section/77

trailingspouse

C'est not la blinking vie.

It may, or may not, be discrimination. But you suspect that it might be. Can you prove it? Probably not. But the fact that you passed your exams at the same time (but you have taken a further exam since then) makes it smell a funny colour. Does your industry reward people for length of time served? What is the pay structure?

So - what do you do about it? Well, you can negotiate, of course. It doesn't cost anything to ask. You need to decide how much you think you're worth, and go to the employer and ask for it. And really mean it. And be able to back it up with cold hard facts as to why you are worth it. And if they say no, then you stay up-beat and ask them what you need to do in order to be worth it - then go and do it. And ask again. And rinse, and repeat. Bare faced cheek helps.