Pay rise in the department for some and not other

jqy

jon81uk said:

What does your contract say?

Thanks.
The contract doesn’t state the terms on pay review and rise, but over the years I guess I would call it implied terms? in that the pay and review have always (15 years for me) aligned with Company A until now.

eamon

You should ask the question of your employers and if needed reinforce your questions with past examples of payrises & bonus payments. Legally there probably isn't much you can do, but if you don't ask the question you will never know the answer and any reasoning behind their  making decision. Don't suppose you have a trade union to assist?

TELLIT01

Entitlement to pay rises is rarely automatic, or written into a contract.  Even if all those directly employed by Company A received rises and none for Company B it would be difficult to prove that the employer was the direct and only cause.

Masomnia

I think you should get legal advice on whether it's an implied term. Whether that's worth it depends on the amounts we're talking about.

jqy

Masomnia said:

I think you should get legal advice on whether it's an implied term. Whether that's worth it depends on the amounts we're talking about.

Yeah, Thanks. it does feels like it needs legal advise. 

jqy

TELLIT01 said:

Entitlement to pay rises is rarely automatic, or written into a contract.  Even if all those directly employed by Company A received rises and none for Company B it would be difficult to prove that the employer was the direct and only cause.

Thanks.  The situation is so intertwined. It probably starts with my not understanding the reason of not being part of a head count but the company can hire other staff into company A who get better terms. 

jqy

eamon said:

You should ask the question of your employers and if needed reinforce your questions with past examples of payrises & bonus payments. Legally there probably isn't much you can do, but if you don't ask the question you will never know the answer and any reasoning behind their  making decision. Don't suppose you have a trade union to assist?

Am not in a trade union but starting to wonder if I should join one as I feel we are going to start seeing some difference we haven’t seen in the past.

We have started the conversation with our line manager who’s In company A, I guess I wanted to equip myself with as much info of what can and cannot be done in this situation, but it’s looking like I have no legal claim, I guess feeling unfair seating next to someone doing the exact job as me.

Dox

Comms69 said:

Dox said:

jqy said:

Comms69 said:

jqy said:

Comms69 said:

Depends on a number of factors whats the relationship between A and B, is B an agency?

Thanks. No B is not an agency but a company provides services to A.

Then there is no issue in terms of equal pay. 

You mean You don’t think we are entitled? 2 of company A employees do the exact same job it just that at some point company A decided to outsource these services hence our pay through company B.

You are 'entitled' to whatever your contract says. There's no law which says employees have to be paid equally UNLESS the basis for the difference is related to something known as a 'protected characteristic' (race, gender, age etc). That would be hard to prove, given how few people are involved to form what's known as the 'comparator' group.

Or if they are covered by the temporary workers legislation

OP clearly isn't a temporary worker, so not sure that comment helps them at all. 

Xbigman

The equal pay is a dead duck. It's possible to have multiple different contracts all working the same job. Unless you have a protected characteristic you won't get anywhere.

There is a bigger issue. You say that you were switched to company B's terms and conditions. Then ask for a copy. You won't know what they are until you have a copy. You also need to ask who your company B manager is. The company A management can assign you work and supervise you but GDPR means they should have no access to your HR records, pay rates, sick record, etc. These things are under the data control of company B. Its possible you have been a company B employee in name only and that you actually work for company A. If that looks a possibility then a solicitor might be needed. But certainly not yet.

Darren

PS. Just to say I recently had a week off sick. On return my shift started whilst the afternoon shift were in as the official nights start time is an hour behind my nights start time. The manager who conducted my return to work interview ask me if I was fit to return to work then closed the file to be followed up by a nights manager. He explained that under GDPR he wasn't allowed to see my records, even though he is a manager and works for the same company as I do. I expressed surprise and he quoted GDPR. He also stated that if the company takes on any agency workers as full time staff they cannot just walk down the corridor and see their records. They need to write to the agency and request a reference. 

If you are employed by company B then you deal with them. Start by asking when you pay revue is.

getmore4less

Get a job with company A if they pay more.