Salary Disparity Dispute
The individual is currently employed in a region of the UK as a Category Lead and has recently discovered that a job advert for the same role at their company offers a starting salary that is £5,000 higher than their current pay. They manage significant accounts and feel their skills and experience match or exceed those stated in the advert. Communication with their employer has revealed a desire to attract candidates with higher skill levels, although the individual believes their existing qualifications align with the job's requirements. This situation has led to feelings of being undervalued and has raised questions about the fairness of the salary difference.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkIs it lawful for my employer to advertise a higher salary for a role identical to mine within the same company?
Under UK employment law, it is not inherently unlawful for an employer to advertise a higher salary for a role identical to one currently held by an employee. However, this could raise issues of potential discrimination or unfair treatment, especially if the current employee has equivalent skills and experience.
What are my rights regarding pay equity in the UK, and how can I address this disparity with my employer?
In the UK, the Equality Act 2010 ensures that employees receive equal pay for equal work. If you and a new hire perform the same role with similar responsibilities and requisite skills, you may have grounds to question the pay disparity.
Could this situation be considered a form of employment discrimination under current UK employment laws?
This situation could potentially be considered a form of indirect discrimination if the salary disparity disproportionately affects employees with protected characteristics without a legitimate business reason.
What steps should I take to formally raise a grievance about this salary difference with my employer?
To formally raise a grievance about the salary difference, follow your employer's grievance procedure, typically found in the employee handbook or contract. Write a detailed letter outlining the issue and request a meeting to discuss your concerns.
Are there any legal precedents or cases in the UK that may support my position on this salary issue?
In the UK, the Equality Act 2010 addresses equal pay for equal work, ensuring that employees performing like work receive the same pay unless differences can be justified. Cases highlighting the importance of this principle may support your position if you can demonstrate that the roles are equivalent.
