Handed in notice. "My job" advert.

baloo

Both myself and a colleague have handed our notice in at the same time - coincidence not planned. She was promoted into a sales role from a customer service role within the company. Although she has been with the company longer then me, her sales experience was less and her salary was less than mine - even though she was expected to do the same role. 
For similar reasons we have both decided to move on as we are being used as a dumping ground for work when colleagues are on holiday, sick, or have given their notice in. 
I have seen the advert for our roles and although the job title is the same, and in my case the salary the same, there are some additional benefits that were not included in our package; additional days holidays (which will increase over time served), life insurance, private health cover. The latter was queried last year as some colleagues who have been with the company for some years do get this benefit. Both myself and my colleague were told that this benefit was not applicable to our role. 
Myself and my colleague have queried the above, but after 10 days, our manager is still "looking into it". 
I would just appreciate some comments as to the legality of the job advertisement. 

Bradden

You've handed in your notice and they've advertised to recruit... what do you think they could be doing wrong?

prowla

Sounds perfectly legal to me.

TELLIT01

The new job can be advertised at whatever salary the company wants, along with whatever benefits it wishes to include.  Whether or not you may have been entitled to those benefits during your employment is another question completely.

Undervalued

baloo said:

Both myself and a colleague have handed our notice in at the same time - coincidence not planned. She was promoted into a sales role from a customer service role within the company. Although she has been with the company longer then me, her sales experience was less and her salary was less than mine - even though she was expected to do the same role. 
For similar reasons we have both decided to move on as we are being used as a dumping ground for work when colleagues are on holiday, sick, or have given their notice in. 
I have seen the advert for our roles and although the job title is the same, and in my case the salary the same, there are some additional benefits that were not included in our package; additional days holidays (which will increase over time served), life insurance, private health cover. The latter was queried last year as some colleagues who have been with the company for some years do get this benefit. Both myself and my colleague were told that this benefit was not applicable to our role. 
Myself and my colleague have queried the above, but after 10 days, our manager is still "looking into it". 
I would just appreciate some comments as to the legality of the job advertisement. 

Absolutely legal!

Providing the firm pays at least the national minimum wage and doesn't unlawfully discriminate on the handful of legally protected grounds (e.g race, gender religion etc) they can pay what they like or whatever they feel is necessary to attract suitable candidates.

For the latter reason you can sometimes find situations where people in the same role are paid very different amounts. For example, if a local competitor has just closed down there will be lots of suitable candidates looking for a job so they can get away with paying a modest salary. In another year it may be difficult to find a suitably qualified candidate so it is necessary to pay "top dollar" for the same job.

[Deleted User]

The newer benefits could still be being signed up for.  You need to entice new people somehow.

Just my experience, my last few interviews one was a courier company saying private medical cover was in process of being agreed but still mentioned as a benefit, along with promotional opportunities, another was the NHS where because I would have been travelling into another county to go to work and due to the shift work involved I would became a priority for car park, above local people.  I went along thinking I would have to park n ride it so it was a relief to learn that I could get parked for £6 a month and if I haven't known this I could very easily have discounted a job that only pays £18k if I hadn't heard about that benefit.

Newer people may get longer hours, their work patterns altered. 

I would be happy just to find an Employer who auto-enrols when it comes to pension. Seriously one of my interview questions I am considering incorporating is going to be alone the lines of asking about pension setup having worked for every single Employer this year who has got around such. 

Dakta

Totally above board. Someone's probably just trying to improve employee retention going forward 

Smithcom

baloo said:

Both myself and a colleague have handed our notice in at the same time - coincidence not planned. She was promoted into a sales role from a customer service role within the company. Although she has been with the company longer then me, her sales experience was less and her salary was less than mine - even though she was expected to do the same role. 
For similar reasons we have both decided to move on as we are being used as a dumping ground for work when colleagues are on holiday, sick, or have given their notice in. 
I have seen the advert for our roles and although the job title is the same, and in my case the salary the same, there are some additional benefits that were not included in our package; additional days holidays (which will increase over time served), life insurance, private health cover. The latter was queried last year as some colleagues who have been with the company for some years do get this benefit. Both myself and my colleague were told that this benefit was not applicable to our role. 
Myself and my colleague have queried the above, but after 10 days, our manager is still "looking into it". 
I would just appreciate some comments as to the legality of the job advertisement. 

I cant see anything from your commentary above, that appears to suggest that the advertisement is anything less than lawful.

It sounds like you are a bit perturbed that a new employee may receive greater benefits that you did.   There could be many reasons behind this:

- Supply/Demand of workforce, motivating your employer to increase benefits
- They didn't feel that you were worth the enhancement 
- They just didn't like you and wanted to annoy you and motivate you to leave

...who know!!  

But from what you have wrote above, there's no inherent problem that would give you a cause for action.

SC

 

74jax

What is it that your manager is looking in to? 

Sandtree

74jax said:

What is it that your manager is looking in to? 

And what do you expect to get if it turns out you should have been a been able to choose to have PMI (which remember you receive a BIK tax bill for)? Retrospective inclusion, a tax bill and it then terminating because you're leaving?

As others have said, salaries, benefits etc change over time in response to the current market and theory. 

baloo

Thanks so much to everyone that provided useful and constructive information.  
Yes, agreed that staff retention is probably what they are trying to improve, so it would make sense to provide better benefits.  
Sadly, this year over 60% of the staff have left.