Employment Lawyers Can Answer Your Employment Law Questions
there are some other nationals but they are non qualified. I am only one admin on that rate and according to my manager other administrators in the other homes that belong to the same company get higher rate
Thanks and is there any evidence that it is your national origin that is the reason for you not getting the higher rate?
My manager confirm that
She said that she has more than 30 years experience and can recognise when it is discrimination
and other evidence, as I stated earlier in my letter to you, one English person started recently at higher rate who has lower qualification than me. Take in to account that I've been working for two years and I'm still paid same low rate
Ok as you do not have the legal right to be paid the same as everyone else normally, you can only pursue this if you can show that the reasons for the difference in pay were actually related to a discriminatory reason, such as your nationality or race origins. If the difference in pay was based on those grounds then you can consider pursuing it as a claim for discrimination and that would need to be done through the employment tribunal. However, that should be used as a last resort and before you do so you must consider taking this through your employer’s own internal procedures, the main of which would be a formal grievance – it is a formal complaint you submit internally with them. If the grievance does not produce the desired result you can appeal the outcome but after that you really have no option but to go to the tribunal. It is now a requirement to try and mediate via ACAS before you make a claim there so this would be one more step before you are allowed to claim. If mediation comes to nothing then you can submit your claim to the employment tribunal on grounds of discrimination and let them consider your case.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks
One last question. I had conversation face to face with the Regional Manager on 13.06.14. She promised verbally to increase my rate from £8.75 to £10.75 and also she confirmed that the other administrators in homes like this get rate of £10.75. Can I use that as evidence as she stopped answering my queries after that conversation and of course any change hasn't happened since then?
a verbal promise can be just as legally binding as a written one so this is what you would rely on most. The fact that other homes get a higher rate in itself would not be a reason for taking it further because as mentioned there is no law on equal pay for people doing the same job, unless the reasons for the difference were discrimination-related
Thank you for your help!