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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 5841
Experience:  Owner at James Bruce Solicitors
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I have recently resigned and found out that my replacement

Customer Question

hi there, i have recently resigned and found out that my replacement who is younger than me in age and experience and is less qualifed (i am a Chartered Accountant) is paid more than me. i believe this is breaching the equal pay law but my work has tried to shut this down. do you believe i have a case?
JA: Where are you? It matters because laws vary by location.
Customer: i was employed in the netherlands
JA: What steps have you taken so far?
Customer: i have emailed work and they have responded basically shutting my claim down
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: not at this stage
Submitted: 7 days ago.
Category: Law
Customer: replied 7 days ago.
File attached (L1V7T65)
Customer: replied 7 days ago.
File attached (24765Z5)
Customer: replied 7 days ago.
i have just attached my email to my employer and their response
Expert:  james bruce replied 7 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Expert:  james bruce replied 7 days ago.

I have read the attached documents. The employer appears to have covered all the bases regarding your position, salary increase, how they were and are now structured etc.

There dies not appear to be any discrimination in play from what I have read, and I think you would struggle based on what I have read to prove otherwise.

Customer: replied 7 days ago.
Hi James, thank you :) i hope you can see attached my initial query and their response, this should provide you with enough background. basically I would like to know if I have sufficient grounds to pursue this claim further or not.
Customer: replied 7 days ago.
I know that my replacement has been offered c. 20% more than i was offered for exactly the same role and he is more junior in terms of age and experience and qualifications. does this not breach the gender pay gap under EU law?
Expert:  james bruce replied 7 days ago.

Please see my reply.

Customer: replied 7 days ago.
i did read your reply but it implies that they underpaid me by saying "Should you have stayed with Mediq, we would have recognized this gap and we would have made accommodations for an accelerated growth to the new graded salary."
Expert:  james bruce replied 7 days ago.

They are saying that they were going to bring other positions in line with the new system they are now using. They have explained their process in detail.

That does not mean you cannot take a case out against them for discrimination if that is what you think has happened.

Litigation is a two sided law, one lawyer may argue one side another the other, I don't think you have a case, but another lawyer could argue differently that is who litigation works.

Customer: replied 7 days ago.
okay, that is clear. thank you
Expert:  james bruce replied 7 days ago.

Your welcome.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.