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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46793
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I need advice with regards ***** ***** issue that I faced. Im

Resolved Question:

I need advice with regards ***** ***** issue that I faced.
I'm currently working for a company named Caring Homes Healthcare Group Ltd as an Administrator in one of their nursing home. When I started on 16/10/2012 I was offered hourly wage of £8.75. My qualification is Accountant NVQ Level3, I'm British Citizen and originally from Bulgaria.

After one year hard working and adding more duties to my induction list on 16/11/2013 I sent a letter with request for my wage to be reviewed to the Home Manager. She made decision and asked me to prepare a new contract for myself for the rate of £10.15.
At the same time my manager stated that I've been appointed on a very low rate similar to domestic staff rate since the beginning and according to her the administrators in other homes of the same range are getting higher rate and she said I haven't been treated fairly.

My new contract was signed by the Manager and sent to Head Office for updating but people there said it hasn't been authorised by the Regional Manager and they are not able to uplift my rate. I want to underline that my Manager is able to make decisions for everybody's rate here but not for me.
The regional manager confirmed that I've been paid on very low rate comparing to other homes, I didn't get pay rise last October when everybody had it because I didn't ask them according to her and now my uplift depends on the budget of the home. When I asked her why the budget is sufficient for other people and gave sample for a person without qualification unlike me, who started very recently on rate of £9.50, she agreed that is not fair and they will look at my case.

Since then I've been trying to contact my regional manager by emails but she does not reply to me or the Home Manager.
According to my Manager I've been discriminated due to my nationality and she is supporting me in that case.
As I've been waiting seven months for my rate to be reviewed, I haven't been given any reasonable reasons for keeping me on that low rate, now I need advice from you regarding the next step that I need to take.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Are there other foreign nationals who get paid he same as you or lower than local nationals?
Ben Jones : There will be a slight delay in replying as I am on the move but won't be too long thanks
Customer:

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

Ben Jones :

Thanks and is there any evidence that it is your national origin that is the reason for you not getting the higher rate?

Customer:

My manager confirm that

Customer:

She said that she has more than 30 years experience and can recognise when it is discrimination

Customer:

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

Ben Jones :

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

Ben Jones :

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

Customer:

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?

Ben Jones :

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

Customer:

Thank you for your help!

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46793
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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