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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 77750
Experience:  Qualified Employment Solicitor
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I am a sales rep that started on 27.500 in 2010 for 4 days a

Customer Question

i am a sales rep that started on 27.500 in 2010 for 4 days a week, fair salary at the time, now after 12 years my basic is on 31380, is that reasonable ? my colleague started in 2017 on 30.000 for 5 days a week and is now on 36,000 after 5 years, should i be feeling let down by the company i have worked for. what have i done wrong not to get the same level of increase over the years i have served ?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: no not yet, i have decided to leave my job because i have said that i feel under valued.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: i am an employee, I feel that my pay hasn't increased like everybody else around me doing the same role / job.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i am happy to talk to a lawyer to see were i currently stand as i am leaving my job because i feel i haven't been paid fairly and would like to seek advice
Submitted: 5 days ago.
Category: Employment Law
Expert:  Ben Jones replied 5 days ago.
Hello, I’m Ben, an employment solicitor, and it’s my pleasure to assist you. I may ask for some information first to determine the legal position.
Expert:  Ben Jones replied 5 days ago.

Why do you think your colleague has had a higher increase than you? I also wanted to make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I am dealing with your query and will get back to you as soon as I can. Thanks.

Customer: replied 5 days ago.
Because she has asked for it, not due to performance, i have actually performed for the company over the years but don't ask, prefer them to offer me which is probably been my down fall,
Expert:  Ben Jones replied 5 days ago.

Thanks. Are you male or female?

Customer: replied 5 days ago.
i just would like to know if my salary has increased by 3,000 over 12 years is that reasonable and fair ? i am not somebody too complain but when a colleague gets a £2k pay raise within 12 months i feel really let down down by the company i am working for. i just need to understand if this is fair in the same job / role before i am prepared to pay more for your advice. thank you
Customer: replied 5 days ago.
I forgot to say that due to these circumstances i have decided to leave my job after 12 years because i feel under paid and under valiued for the sales that i have brought in, i am just after some advice to whether i should feel like this and if i should move on as doing 12 years is a long service.
Expert:  Ben Jones replied 5 days ago.
Thanks and are you also female, like your colleague?
Customer: replied 5 days ago.
the current colleague that got got 2k within a year is male
Expert:  Ben Jones replied 5 days ago.
ah ok, I was only going on what you said earlier: "Because she has asked for it"
Customer: replied 5 days ago.
sorry, yes she also started on 30K and 5 years later is on 35k , i am just asking if i started on 27500 and 12 years later i am on 31380 is that reasonable , fair increase??
Expert:  Ben Jones replied 5 days ago.

OK I am still confused, sorry. You say he is male, then again refer to them as 'she'. I simply need to know your and your colleague's genders please as that could be relevant in an equal pay scenario

Customer: replied 5 days ago.
i started my job 12 years ago on 4 days a week for 27500, i had a colleague at this point in the same role at 45k for 5 days, over the years i have seen some go and come , on different salaries, i feel i just need to know if mine has increased fairly over the time i have worked for the company. I am currently hearing that colleagues have had a 2k or 5k pay rise within 3 years. I want to understand if this is fair or reasonable, if i can prove sales into the company why have i not been treated the same ?
Expert:  Ben Jones replied 5 days ago.

Did you see my questions above about your and your colleague's genders?

Customer: replied 5 days ago.
i have female and male colleagues , i do not understand why you require the gender? i am asking if going from 27500 to 31380 in 12 years is fair, when colleagues have increased by 2k in 1 year and anthother 5k in 3 years. i just would like to get an opinion if my salary increase is reasonable over the 12 year service or not . thank you
Expert:  Ben Jones replied 5 days ago.

Genders are relevant because that is how the laws on equal pay apply – i.e. is there a gender-related reason for the difference in pay, but that does not appear to be the case here.

You are asking whether your increase is ‘fair’ and to be honest that does not matter so much because what is fair and what is not is subjective and can vary greatly amongst employers, industries, locations, etc. What you are concerned with is whether it is legal.

Expert:  Ben Jones replied 5 days ago.

It is entirely possible for a practice to be unfair but for it not to be illegal and this is precisely the case here. It is quite common to believe that there is a right to equal pay across the workforce, especially for workers who perform the same or largely similar jobs. However, the law on equal pay was actually introduced to specifically deal with pay inequalities between men and women and, specifically, to ensure that women were not paid less than their male counterparts just because of their gender. That is why an equal pay challenge would only be a relevant argument if the reasons for the difference in pay were gender-related.

Therefore, if the difference in pay is not because of a worker’s gender, in reality 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 actually 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.

In summary, 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 workers different rates of pay, even if they are performing the same job. In these circumstances, the only argument would be on ethical grounds, rather than legal ones and it is only legal breaches that can be formally taken further.

Expert:  Ben Jones replied 5 days ago.

I fully appreciate that this may not be the answer you were hoping for, however it is the legal position. Should you need any further clarification, I will be more than happy to discuss things further with you. Thank you

Expert:  Ben Jones replied 5 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.