Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to assist you with your question today.
Please note that as a practising solicitor I am often in and out of meetings, travelling, or even at court when I pick your question up. This may even occur at evenings and weekends. Therefore, I apologise in advance if there is a slight delay in getting back to you. Rest assured that I am dealing with your query and will respond ASAP. You do not have to wait here and you will receive an email as soon as I have responded. For now please let me know how long they have worked for the company
I have worked for the company 10 yrs plus and was on a yearly salary but on return to work after battling cancer for 14 months find they are issueing new contracts and this is the first time engineers have been able tp compare the differing rates being paid for ths same position of serv eng
There is no automatic right to be paid the higher rate if performing tasks that would usually be done by employees who get paid more. Whether the employee gets a higher rate will depend entirely on their contract. If they are contracted at a specific rate then they will be paid for that rate, regardless of what they do. At the same time, the employer cannot ask the employee to undertake other tasks which are not listed in their job description or for which there is no clause allowing them task to do it. So if the employee is forced to do this work when no such right exists in their contract, they can refuse to do it. If the right exists to ask them to do it, then they will be paid their usual rate as per their contract.
I have an answer from a site which states ; where the same duties are proformed , employees are entitled to the same rate of pay , different rates of pay can only apply if this is based on different lengths of service which are reflected under different salary scales, annual increments or other conditions of employment provide such a salary scales to a maximum that is achived within a specified period of time . is this correct as the site says this condition is mandatory
with regard to the contracts the other engineers that are paid less than myself have same contract as myself
The law on equal pay is frequently misunderstood. Many workers believe that there is a right to equal pay across the workforce, especially for workers that perform the same or similar jobs.
However, the reality is that employers are free to pay their employees whatever they wish, as long as it is above the National Minimum Wage and in accordance with the employee's contract of employment. It is not generally unlawful to pay employees doing the same or similar jobs different rates. The only time this would be an issue is if the reasons for the difference in pay is discriminatory, most commonly due to a difference in gender.
Therefore, if there is evidence that the reason for the difference in pay is gender-related, the law of equal pay will be relevant and a potential claim would exist. However, if the reason is not discriminatory then there is unlikely to be a valid claim. Whilst the employer’s actions may impact on the employees’ morale and may seem unfair, they would not be illegal.
Even if there was evidence that the reasons may be gender-related, the employer could still try and rely on the genuine material factor defence to defend any equal pay claim. This would occur where the employer can show the difference in pay is due to:
Sorry for the double post
so in effect what you are saying it irrevellant what skills a person has or his experience one has an employer can pay what he thinks fit ,even if the higher paid is less skilled
Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?