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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50202
Experience:  Qualified Employment Solicitor
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My contract of employment states I have to work 7 out of

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My contract of employment states I have to work 7 out of every 8 Sundays however there are other employees who only have to work 6 out of every 8 Sundays,both sets of employees are doing the same work and getting paid the same amount,is this legal?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Is there any other reason for the difference in pay?

Customer: replied 6 months ago.
There is no difference in pay, the difference is the amount of Sundays that some employees get off compared to others, I don't think you have read the original question correctly

Hi there sorry this was actually autocorrect which managed to change the last word, my original question was whether there are any other reasons for the difference in days, not pay. Sorry for any confusion

Customer: replied 6 months ago.
As far as I know at some point the company I work for decided that new people joining the company would be put on one rota and the existing employees would remain on the other rota I think this is unfair and wandered if what they are doing is legal as it seems that however long I work there I will remain on the same rota

Thank you. Sadly what the employer is doing is not illegal in any way. For example it is entirely possible to have someone doing 3 days a week and be paid £30k, and to have someone doing the exact same job, 7 days a week and still be paid only £30k. So on this analogy your situation would also be allowable and not against any laws. There is no automatic right to have the same terms of employment and be paid the same or have the same number of days off, even if you did identical jobs. This difference may be due to the others being offered different contracts when they started but the employer is able to offer any terms they want at any point, and not have to apply them to everyone who works in the same role. The only times it would potentially be unlawful is if the reason for the difference was discriminatory, such as due to gender, race, religion, age, etc. So if all female employees were on detrimental terms because of the fact they were female, that would be illegal, but assuming none of these discriminatory reasons apply, what the employer has done is not unlawful - maybe there is a moral argument but that is just that - moral, and not legally subject to challenge.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the actual legal position. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

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