Penalised for level of education

[AfricaQueen]

Hello hello - I'm hoping someone might be able to give me some advice and / or an idea on the legality of my employers remuneration policy (NB: it's a Colombian organisation. It must be legal there but I'm interested in finding out how it sits globally / in the UK).
Rather than paying staff for 1, based on the level of responsibility of the role, and 2, how well they are fullfilling that role, my organisation bases a large amount on level of education. Therefore, while I may have more responsiblity than other staff, I get paid less because I don't have a masters degree. This policy is just completely mind boggling to me. If they think I can do the job, then pay me to do the job according to how well I am doing it. But to pay me less because I don't have a masters seems nothing more than a cost-saving policy to me. It's not fair but is it illegal in any countries?
Muchos gracias in advance for any info you can give

[charitynjw]

Re: Penalised for level of education

Hi AfricaQueen, & welcome to Legal Beagles.

Are there other employees working for this company who are doing the same, or broadly similar, duties, but are being paid more than you?

& if so, what gender/ethnic group are they?

[AfricaQueen]

Re: Penalised for level of education

Hi - Thanks for your questions. Sorry its taken so long to respond!
Honestly, I have no idea. There are three of us across the globe with the same job title, but all with different JDs. All women, two employed as international staff, one as national staff (another area of contention within the organisation where staff are penalised for where they are from rather than being paid for the job that they do). Not sure my response helps at all...

[charitynjw]

Re: Penalised for level of education

If the company is operating the UK, unless it has diplomatic status or some other exempted status, it would operate under UK law.

As regards remuneration, this would appear to be a bit tricky as you don't appear to have a comparator, at least not in this country.

The company has a pretty free reign to decide on the pay for a given job, & if they have decided to give persons with advanced qualifications a higher rate, they are within their rights to do so.

[CleverClogs]

Re: Penalised for level of education

It would doubtless be grossly unfair but, when I read about a Colombian organisation with (female) international staff, I immediately wondered if they were involved in the import business...
... and specifically with the importation of "marching powder".

[labman]

Re: Penalised for level of education

it's a Colombian organisation. It must be legal there but I'm interested in finding out how it sits globally / in the UK).
Rather than paying staff for 1, based on the level of responsibility of the role, and 2, how well they are fullfilling that role, my organisation bases a large amount on level of education. Therefore, while I may have more responsiblity than other staff, I get paid less because I don't have a masters degree.

In direct answer to your question, it would be totally illegal in the UK.

My brother has three A Levels, but no further qualifications. He is an Executive Director for the DWP earning massively over the Ł100000 per year mark.

I have a good Bachelors Degree with Honours, two Masters Degrees and a further nationally recognised Post Graduate qualification, as well as several diplomas. Had I not been retired on ill health grounds, I would now be earning in the region of Ł70000 per year - over Ł60000 less than my brother.

That gives you a good example of how things are in the UK, and you can make the Columbian comparison for yourself.

Hope that helps.

[charitynjw]

Re: Penalised for level of education

I do perceive a slight shift back to experience compared to qualification, as, in the short term, experienced employees are likely to be more immediately productive because of their knowledge of the job, and life experience in general.

Maybe I'm just getting old!
(Where's me Sanatogen?)

[teaboy2]

Re: Penalised for level of education

Yes its perfectly acceptable to pay someone in the same position that has been there longer and has more experience more than someone that has been there for less amount of time or has less experience in the job. Its what i call experience based pay, employers give pay rises to experienced employees that consistently perform to a satisfactory of high level in their work. There is no obligation on the employer to offer all staff that do the same work a pay rise unless there work is also to the same standard or they have the same level of experience.

But as pointed out by others, it is not acceptable to pay people based on their level of education as that would amount to discrimination and/or favouritism, both of which are unlawful in the work place - Though paying someone with more experience more than those with lesser experience, may seem like they are being discriminated or treated less favourably, the truth is they are not as the person being paid more is merely being paid more as a reward for their level of experience and time with the company, as well as for their consistent level of quality of work.

In many work places, there are pay grade levels, where each grade is different hourly rate. The grade you are on is dependant on a number of factors, level of training (noneducational)/experience, position within the a team of employees (Team Leaders or office Managers) and even time with company - and that's just to name but a few examples.

Some companies base their pay grading on years of service (which in a way is related to experience and loyalty to the company). So if you worked for say less than 5 years you'd be on grade A (The lowest Grade), for those that worked there 5 years but less than 10 would be on Grade B, those that worked there 10 years but less that 15 years would be on Grade C and those that worked there for 15 years or more would be on Grade D - Grade D being the highest grade or pay.

[labman]

Re: Penalised for level of education

I do perceive a slight shift back to experience compared to qualification, as, in the short term, experienced employees are likely to be more immediately productive because of their knowledge of the job, and life experience in general.

Maybe I'm just getting old!
(Where's me Sanatogen?)

[CleverClogs]

Re: Penalised for level of education

Maybe I'm just getting old!
(Where's me Sanatogen?)

Have you mislaid it again?

[enquirer]

Re: Penalised for level of education

Where's me Sanatogen?

Isn't that the latest number from the Rolling Stones?

"I can't get no Sanatogen ...."

[AfricaQueen]

Re: Penalised for level of education

Hi All
Thanks for all your responses.

CleverClogs - Colombia, international staff.... that wouldn't be the first time I've heard that. But, nope, it is completely legit. Honest ;-)

Teaboy2 - I completely agree. I have absolutely no problem with entering an organisation and working my way up through a pay scale that's based on my experience, education, length of service and performance. What I don't agree with here, is that someone could be performing better and have greater responsibility and yet get paid a vast amount less (and get much less in benefits) than a colleague, simply because their colleague has a masters and they don't. Same with international vs national staff. Same job, different nationalities = huge difference in salary and benefits.

So, Labman. I'm going with you. It sounds illegal to me too.

Something I can take to my appraisal next month :-)

Thank you all.
AQ