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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61658
Experience:  Qualified Employment Solicitor
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The staff in my workplace are on different contracts one lot

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The staff in my workplace are on different contracts one lot get paid over time for weekend work and the other half arnt paid overtime at all is this right
Assistant: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?
Customer: He is employed by the business it is openly known and has been brought up on several ocassions
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Customer: replied 9 days ago.
Ok

Do all employees do the same work and have they all worked for the business for the same length of time?

Also, what reason has your employer provided for this?

Customer: replied 9 days ago.
They have have been employed at various times over the last 30 years
Customer: replied 9 days ago.
Just a vague well there on there contract but we are all employed by the same company
Customer: replied 9 days ago.
The reason I ask this is that this issue is really coming to the forefront now and the employer did realise all the staff knew about it

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many 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:

· Past performance

· Seniority or length of service

· Different hours of work

· Geographical differences

· Different skills, qualifications and experience

· Pay protection following job re-grading

 

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.

 

Does this answer your query?

Customer: replied 8 days ago.
Yes thankyou for the clarification godd to have the facts prior to throwing .my 2 penrith in

All the best

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