Equal pay

JonHutch91

Sorry bit of a long one, started a mechanics apprenticeship beside a few other boys with my local council in 2016, qualified and time served the end of last year, recently we found out that one of the other apprentices has been getting paid more than us since mid 2019 so we went  to our union who put in a complaint on our behalf, we have been told that he was paid more as a reward for finishing his paperwork early therefore he was qualified, we argued that he was still an apprentice same as us until his 4 year apprenticeship contract was up, at this point our boss told us it’s the council it doesn’t work like other workplaces, if we don’t like it then !!!!!! off, I’d love to do this but with a newborn daughter I don’t think I can. Went back to the union and our employer has been arguing this for weeks and have finally decided they were wrong but rather put us up to the same pay as the boy in question they will now claim back the money from him as they “accidentally” over paid him, he has left the council last week to move onto pastures greener. Is this right? Any advice as the union doesn’t really seem to want to take it any further.

TELLIT01

I think you need to accept that you aren't going to get more money.  The employer is now claiming that the other person was overpaid in error, and that's going to be difficult to disprove irrespective of other statements made by management to the contrary previously.  They can simply turn round and say they were previously misinformed.  Also, with the person in question having left their employment, management will probably say it's too difficult now to recover the overpayment and they are writing it off.

You may believe that to be incorrect, the employer may know that is incorrect, and the union may feel they are beating their heads against a brick wall, but none of that means you will win.

I would bear managements suggestion that you !!!!! off for when the employment market is more settled and then take their advice.

Lomast

There is nothing saying they have to pay everyone the same as long as they are not discriminating against a protected characteristic 

General_Grant

You and the other remaining apprentices have been paid as agreed and in accordance with your contract.
The one who was paid more has left which, in relation to the pay situation, is convenient for the employer as long as they do not follow through with trying to retrieve any "over" payment.  You will not know whether that happens but you will know that you have been paid lawfully.

Marcon

JonHutch91 said:

Sorry bit of a long one, started a mechanics apprenticeship beside a few other boys with my local council in 2016, qualified and time served the end of last year, recently we found out that one of the other apprentices has been getting paid more than us since mid 2019 so we went  to our union who put in a complaint on our behalf, we have been told that he was paid more as a reward for finishing his paperwork early therefore he was qualified, we argued that he was still an apprentice same as us until his 4 year apprenticeship contract was up, at this point our boss told us it’s the council it doesn’t work like other workplaces, if we don’t like it then !!!!!! off, I’d love to do this but with a newborn daughter I don’t think I can. Went back to the union and our employer has been arguing this for weeks and have finally decided they were wrong but rather put us up to the same pay as the boy in question they will now claim back the money from him as they “accidentally” over paid him, he has left the council last week to move onto pastures greener. Is this right? Any advice as the union doesn’t really seem to want to take it any further.

The union doesn't want to pursue it because they don't have a leg to stand on - or more accurately you don't. I can understand why you and your colleagues are put out by someone else being paid more for doing the same job, but there's nothing unlawful about it provided that (a) you are being paid what you were contractually promised and (b) the difference in pay is not related to some form of unlawful discrimination.

The council certainly doesn't seem to have handled it well. 

JonHutch91

Thanks for the reply’s, I thought that this might have been covered under the equal pay act but yeah I think I might start looking elsewhere as there are other issues with this place health and safety being a big one. Thanks again. 

Sandtree

Equal Pay Act is about being paid different amounts purely because of your gender... from what you say everyone was male and therefore the Act is irrelevant.

As noted already, as long as you get paid what you agreed to and any differentiation is due to a protected characteristic then companies can pay what they want. In my last client "Project Managers" were paid between £40,000 and £80,000 plus then some contractors on £170,000 with all on paper doing the same job.

TBagpuss

Equal Pay is about not being paid less, or otherwise discriminated against, because of a protected characteristic. So (for instance) if you were a woman and were getting paid less then male workers doing the same or similar work, or a man being paid less than moment doing the same or equivalent work,  then that would be in breach and would  give you standing to to get your pay adjusted, but otherwise, they can pay one person more or less than another, even if both are doing the same or similar work.
I assume that there isn't a collective agreement or the union would have been on it. 

JonHutch91

TBagpuss said:

Equal Pay is about not being paid less, or otherwise discriminated against, because of a protected characteristic. So (for instance) if you were a woman and were getting paid less then male workers doing the same or similar work, or a man being paid less than moment doing the same or equivalent work,  then that would be in breach and would  give you standing to to get your pay adjusted, but otherwise, they can pay one person more or less than another, even if both are doing the same or similar work.
I assume that there isn't a collective agreement or the union would have been on it. 

There is a collective agreement, it says Apprenticeship pay and conditions must be equalities robust (implicit clause in all contracts of employment) not sure if that means anything changes 

Barny1979

Put an application in to your HR for a Job Evaluation?

JonHutch91

Barny1979 said:

Put an application in to your HR for a Job Evaluation?

Thanks, yeah we have looked at this but from what we understand from the form it has to be filled out by the same manager who told us to get lost