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Equal Pay Query - Do have a case?

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  • Equal Pay Query - Do have a case?

    Hi,

    in a nutshell, this is the scenario and I would very much appreciate some advice if anyone believes I have a case for equal pay under Equality Act 2010.
    *
    • Secondment post arises in my work place and a female was offered the position.
    • Second secondment arises in my work place, another female was offered the position.
    • Both secondments are of a higher salary than mine, but in no way do*the 2 posts hold the same level of work/effort/stress/responsibilities as my post.
    • I query this with my senior Management and request a 'job evaluation' as the last one for all the posts was 2010. (My job description dates to 2005 and is completely out of date and does not represent my current workload)
    • My post*and the 2 new secondments jobs are very very similar, different titles,*identical in parts, the secondments holding a higher salary, obviously relating to the outdated job evaluations in 2010.
    • I raise this with my union, who say nothing can be done?! I am not sure they have listed to my entire query!
    • I am considering a formal grievance using the 2 females as comparators,*as I have tried to rectify informally over the last year to no avail.

    Can anybody advise if I have a case for an Equal Pay claim under section 65 'work of equal value'?

    Even the individuals in the posts have said I am being underpaid as we do almost the same work, even though I hold more responsibility and stress within the role.

    Any advice please, thanks in advance.
    Tags: None

  • #2
    If you think you are not being treated fairly in regard to the pay you are receiving for a job which is broadly similar work as you or work rated as “of equivalent value” by a job evaluation study to the secondment positions, then you can raise a formal grievance given that the informal approach has not provided an outcome.

    What you would need to do in any grievance is set out all the reasons why you believe the secondment positions are a comparator to the one that you do. It may well be that the company will need to undertake and up-to-date job evaluation of your position and the comparator positions as part of the process to deal with your grievance.

    If you are unsuccessful and you wish to pursue the matter, then you would need to make a claim for lost earnings via an employment tribunal who would have to establish if there are sufficient grounds for compensation to be paid.
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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    • #3
      Hi, many thanks for your input.

      The new seconded posts have not had a job evaluation, but have been 'likened' to other similar posts within the organisation, and have 'piggy backed' a JE from those positions. They have not been job evaluated in their own right.

      My position has been evaluated, which was 10 years ago, and is terribly out of date.

      My argument is this:
      • My position needs to be re-evaluated which has been rejected.
      • The 2 seconded posts have not been evaluated, but are of a higher salary than mine.
      • The 2 seconded posts ad my own are almost identical in nature, expect I hold more responsibility but with less pay.
      Could I put forward a formal grievance, then a claim for equal pay under the Equality Act for pay discrimination as both the post holders are female and I am male? Would this constitute gender related pay discrimination?

      Comment


      • #4
        Yes you would need to put a grievance into the company first.

        Below is a link to the Equality and Human Rights Commission which is really useful, although it is written as if it is a woman raising an issue of equal pay the provision in the Equal Pay Act apply equally to men.

        https://www.equalityhumanrights.com/...-what-law-says

        If you have any questions having read this this then please come back to this thread.
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment

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