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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 55152
Experience:  Qualified Employment Solicitor
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Can someone negotiate a different scale eg. 15.600 to 17.000

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Hi can someone negotiate a different scale eg. 15.600 to 17.000 for the same job. Given the majority have not gone onto 16.000 in a 3 scale band. Also have been doing the job for 3 years?

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

Please can you provide some more information?

Customer: replied 1 year ago.
We had Employment workers Level 2 and EW level1 we each had are own scale of pay. We all have the same qualifications but are new contract with the Local Authorities did not want the Level 2's . Only level 1's. The level 2's who where interviewed for Coaching jobs. Half never got the jobs. They where offered EW level 1 post which are on a 3 scales pay. We negotiated this last year with the Company. 1. £15.600 which we where all on. 2. £16.000 which we get in April and 3. 17.000 we will be on after 5 years of doing the job. The newly appointed EW2's went straight to the top which is £17.000 but did not tell anyone.

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Thanks for your patience. The law on equal pay is frequently misunderstood. It is quite common to believe that there is a right to equal pay across the workforce, especially for workers that perform the same or similar jobs. Legislation on equal pay was actually brought in to deal with the gender pay gap and to ensure that women were not paid less than their male counterparts because of their gender. So that is why equal pay would only be a relevant argument if the reasons for the difference in pay were gender-related.

The reality is that employers are free to pay their employees whatever they deem appropriate, as long as it is above the current National Minimum Wage and in accordance with the employee's contract of employment. It is not unlawful to pay employees doing the same or similar jobs different rates. As mentioned, this would only be an issue if there is a gender-related reason behind this.

Even if an employer is paying a man more than a woman, they could still try and rely on the 'genuine material factor' defence to defend any potential equal pay claim. This would be possible where the employer can show that the difference in pay is not due to gender but due to:

{C}· {C}Past performance

{C}· {C}Seniority or length of service

{C}· {C}Different hours of work

{C}· {C}Geographical differences

{C}· {C}Different skills, qualifications and experience

{C}· {C}Pay protection following job re-grading

{C}· {C}Different contractual rights

So unless there were clear gender-related reasons for the difference in pay, which cannot be justified by any of the above reasons, there is nothing illegal in paying different rates even if the workers are performing the same job. I agree that is appears unfair and morally wrong, but unfortunately it is not illegal.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 1 year ago.
Thank you for your response. It was very useful. I really liked the service and would use it again.

You are welcome and all the best

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