Paid less than colleagues same job

[ProfLubstrom]

Recently a friend started a new job in which she were 1 of 4 new starters employed doing identical roles. She is being paid at the rate at which the job was advertised and the others being paid more. The managers response being that they negotiated to be paid more. During the interview she was asked how much she expected the job to pay and replied £19 k as this was what was advertised and was unaware that the salary was up for negotiation and doesn't consider her response to be taken as negotiation although the manager clearly has. She is also more qualified than the other 3 employed so this can not be used as a reason for pay differences and there is also no other legitimate reason for any difference is salaries.
Where does she stand in employment law?

Many Thanks

[des8]

Re: Paid less than colleagues same job

Hi& welcome

Whilst awaiting our employment experts you might like to read this link: http://www.acas.org.uk/index.aspx?articleid=1811
& http://www.acas.org.uk/index.aspx?articleid=4198
But I understand there is no right to equal pay between people of the same sex. It might be unfair, but there is no remedy under the equality laws

[Openlaw15]

Re: Paid less than colleagues same job

Recently a friend started a new job in which she were 1 of 4 new starters employed doing identical roles. She is being paid at the rate at which the job was advertised and the others being paid more. The managers response being that they negotiated to be paid more. During the interview she was asked how much she expected the job to pay and replied £19 k as this was what was advertised and was unaware that the salary was up for negotiation and doesn't consider her response to be taken as negotiation although the manager clearly has. She is also more qualified than the other 3 employed so this can not be used as a reason for pay differences and there is also no other legitimate reason for any difference is salaries.
Where does she stand in employment law?

Many Thanks

This sounds like an Equality law issue as Desm (below) has spotted. What it means is that the law can apply an equality clause into your friend's contractual rate of pay or salary, to come in line with the higher salary/ rates of pay. This law is based on the EU Treaty Article 'Equal pay for Equal Work.' It's quite complex the law as it stands; as on the one hand your friend's argument is she being underpaid so under the Equality Act it should imply a statutory 'equality clause' into her contract. On the other hand, the employer may have a defence, ie your friend alluded she would work for 19k as in her view this is what the job is expected to pay. If the employer's defence were successful it would be classed as material factor. So, depending how big the employer is and their available resource the material defence may defeat the equality clause.

[Kati]

Re: Paid less than colleagues same job

I'll just leave a :bump: for [MENTION=26290]mariefab[/MENTION] and [MENTION=19071]teaboy2[/MENTION]

to LB [MENTION=83682]ProfLubstrom[/MENTION] xx