Tuped

[FlamingParrot]

Re: Tuped

Exactly what i was thinking

Equal pay Act 1970 if doing the same job roll

Thank the Dagenham women for that

Same principle as my gay friend's argument that got him O/T pay despite not having anything to do with sexual orientation to start with... :mmph:

[littlesally]

Re: Tuped

There is one male and one female of the original team so I can't play the sexism card.
They both earn around 5k more than me plus have three more holiday days.

My wage and annual leave are at the peak of my old contract.
I haven't signed a new contract so the old one still stands.

There is absolutely no way the company will change my contract to a higher wage etc willingly.

I spoke to my union, who spoke to my manager. She said that while she can see my point she can't justify increasing my wages when there are so many cutbacks happening.
My argument is how is the wage difference justified?

I have a new line manager who doesn't seem to want to make waves. All he says is "that happened to me a few years ago" and "the alternative was you not being given a job"and "that's tupe law"
I am glad of having a job! But ........ how is it legal to pay different levels for the same job.
I checked the wage for my job throughout Britain with my company and the starting wage is 2k more than I get - if someone quit and a new person joined they would earn more than me!

Not impressed with my union either really. Been waiting for them to call back for two days.

Just can't get my head around this

[judgemental24]

Re: Tuped

It is not the same job you need to look at as to equal pay, it is the designated job roll description

Think of a supermarket checkout operator or a delivery postman, they will be on exactly the same level of pay for their grade

This comes under the Equal Pay Act 1970 (Now Equality Act 2010) and the Equal Treatment Directive

[stevemLS]

Re: Tuped

There are many many people who are on different rates of pay for the same job.

Think of the wide band some posts are advertised at. Sometimes it can come down to one being a better negotiator than another (so negotiating different points within a band on appointment), length of service, qualifications etc etc etc.

There are dozens of factors that come into play in determining salary and, provided it is not founded on a "protected characteristic" it is not unlawful.

Saying that, I perfectly understand why you are wholeheartedly pissed off.

Looked at from your employers point of view, why would they pay more than they saw they had to? Don't count on them to have some inmate sense of "fairness".

[teaboy2]

Re: Tuped

Having done some research it appears the employer is supported by case law - http://www.bailii.org/uk/cases/UKEAT...2_10_2505.html

Though, the TUPE 2014 came in to effect in January, which means a tribunal can request the company do a full equal pay audit across all its employees, to establish how many women in the same jobs as men are paid less than the man - Such a threat of that happening might scare the employer in to giving the OP a pay rise - But the OP would need to speak to other employees both women and men, and ask what their rate of pay is and compare them to see if other women are paid less then men in the same role (though those women should have themselves NOT been subjected to tupe) Therefore if you can proof women employers not subjected to tupe are being paid less then men carrying out the same role, you may have leverage to use that in negotiations with your employer on your pay rate!

Oh and you have a statutory right that permits you the right to discuss with employees their pay!

[littlesally]

Re: Tuped

The job role I compared was exactly the same and for the same company.
The male and the female earn the same as each other.
I understand that tupe law doesn't mean fair or ethical but was just hoping for some leverage.

All I can think is to refuse to work bank holidays - which are written into the new contract as part of regular 39 hours per week but my contract is written in that I don't work them. Also for some reason the new contract prohibits overtime, we have to get relief staff in - but my old contract allows it so I can insist on extra hours coming my way if possible.

If anyone knows of a loophole in tupe law the that would be great as my line manager and union just seem to want to roll over

[teaboy2]

Re: Tuped

The job role I compared was exactly the same and for the same company.
The male and the female earn the same as each other.
I understand that tupe law doesn't mean fair or ethical but was just hoping for some leverage.

All I can think is to refuse to work bank holidays - which are written into the new contract as part of regular 39 hours per week but my contract is written in that I don't work them. Also for some reason the new contract prohibits overtime, we have to get relief staff in - but my old contract allows it so I can insist on extra hours coming my way if possible.

If anyone knows of a loophole in tupe law the that would be great as my line manager and union just seem to want to role over

If your contract allows for overtime, then they most allow you to work overtime - If they refuse, then they are in breach of contract, but also tupe regulations for not honoring the terms of your contract. Same in regards for you not needing to work bank holidays in your old contract - I.e. if they make you work them, then that's a breach of contract too, unless you agree in exchange for payment in lieu holiday (assuming bank holidays make up part of your holiday entitlement), or otherwise double pay or time and a half at the least!