Equal pay act - same gender

[sunsome]

Hi,

I was wondering if you could help clarify something for me?

I recently approached my employer for a pay rise, citing market rates. I didn't specify an amount, as I didn't want to limit any potential rise. My request for a pay rise has been refused.

About 2 weeks later, my employer started advertising for another role in our team, identical to mine, and the salary range is more than they're paying me.

I have highlighted this with my employer - the company has shown that it values this role at a certain salary range and that I logically feel like I should be on a salary within that range.

I am waiting for their reply.

In the meantime, I have been trying to find out if they'd be breaking the law by paying another person a higher salary for the same job.

I called ACAS who said they'd only be breaking the law if they hired someone of the opposite sex to me in the new role and paid them more.

However, on UNISON's site, there appears to be some contradiction:

https://www.unison.org.uk/get-help/k...pay/equal-pay/

"Key facts
...

You are entitled to the same pay as anyone doing the same or broadly similar job, or a job of equal value, regardless of gender.
..."

Anyone... regardless of gender. I'm male, so if they hire another male into the new role and he gets paid more than me, my employer is breaking the law?

I queried this with UNISON through their web form but I was told on the phone by them prior to this, that because I'm not a UNISON member, it'd be unlikely that they'd reply.

The job description matches what I've already done with my company - I'm almost tempted to apply for it myself, if I'm feeling a bit mischievous!

Please can you advise who is right, or whether I'm reading this wrong?

Thank you

[ULA]

I have to say I am with ACAS on this one the law on equal pay which is covered by the Equality Act 2010 is to ensure that where men and women are doing equal work, they should receive the same rewards for doing that work. In most instances examples given are of women with male comparators, however there have been a few circumstances in which men have compared the work they do to a female comparator but is it less frequent.

Interestingly the UNISON site has a link to the Equal Pay Act 1970 which was repealed when the Equality Act 2010 came into force.

Just in case you do not get a satisfactory answer and I am not sure if it would be applicable but pay systems may be open to challenge on grounds of race, age or other protected characteristics under the Equality Act 2010.