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Old 01 February 2008, 12:18 PM
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tiny gsy
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Default Help/opinions please

Ok, A couple of us at work have got into a right dispute with our boss regarding the differences in pay some seem to benefit from. Here`s the letter that was given to him, signed by everyone:
Dear *****,

It has come to our attention that there is a difference in pay of one of the members of staff in comparison to the others. It is felt unfair that ********* ******is paid such a high amount as a porter when most of the driving staff are paid less. I refer you to the ***** *** **Equal opportunities policy which states that:

“Our policy is to ensure that all applicants and employees receive fair and equal treatment irrespective of age, sex, sexual orientation, marital status, religion, colour, race, ethnic origin or disability”

It is generally felt among the removals staff that the company is failing to comply with this policy in the previously mentioned circumstances and believe that something should be done to rectify the situation. An example of this would be to clarify the pay structure by grouping the staff according to their driving licences as has been done in the past, with possible exceptions being for those who have been with the company longer being paid slightly more:

Porters
Small Van drivers
Class C1 drivers (up to 7.5 tonne rigid)
Class C drivers(over 7.5 tonne rigid)
Artic Drivers

We thank you for your time and hope that this situation can be rectified soon
The problem that has arisen is one of the guys at work that doesn`t drive is getting paid the same amount as the class C drivers and we feel that its unfair as he doesn`t have any of the responsibilities.
Basically we`ve been given the option that if we don`t like it then we better leave!
Any ideas on what we should do?

I forgot to mention, although I`m not racist, he`s the only Black guy working for us too. I know if things were the other way around then there would be no doubt something would be done about it
Old 01 February 2008, 12:20 PM
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boxst
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I have people working for me doing more or less the same thing at quite different salaries (+/- 30%).

I don't believe there is a requirement for your boss to equalise the pay.

Steve

Edit: So the last comment is actually in English ..

Last edited by boxst; 01 February 2008 at 12:23 PM.
Old 01 February 2008, 12:22 PM
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PeteBrant
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Originally Posted by boxst
I have people working for me doing more or less the same thing at quite different salaries (+/- 30%).

I don't believe there is no requirement for your boss to equalise the pay.

Steve
I concur
Old 01 February 2008, 01:08 PM
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The Chief
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There are people at work who get a higher hourly rate than me plus also get overtime - yet i am on salary, yes it grates me sometimes but at the end of the day it is nothing to do with me what anyone else gets paid period.

If the boss decided to pay the cleaning lady 40k a year it would be none of my or anybodies elses business
Old 01 February 2008, 01:13 PM
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fivealive
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I don't see why - because someone else in a different job is paid the same as a Class C driver - you are upset?

Lots of people are paid more than me and a lot are paid less than me where I work - we have different jobs and different contracts.

I wouldn't ask for a differential payment, I would ask for more money if I believe that I can get it.

If I don't like it I can leave .......
Old 01 February 2008, 01:18 PM
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SiPie
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Can all be paid different amounts so I'm afraid your letter is a waste of time

ie.
Your boss employs Driver A who was on £20k with a previous employer, to tempt him they offer him £21k

Your boss then employs Driver B who was on £15k with his previous employer, to tempt him they offer him £16k

That's how business works and it would be a clown of a boss that offered Driver B £21k just to keep the troops happy.
Old 01 February 2008, 01:43 PM
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MattN
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Not so.

If 2 people do the same job and are paid different amounts then they can start an unequal pay claim. The business would have to justify why person A earns more. Which they could say for example driver B is more experienced, simply better etc.

It becomes a little greyer when say two roles which are same are filled by 2 people and one holds out for more money, why should the first person get the same for being less business savy?!

If they do different jobs an unequal pay claim is unlikely to work. Also, the fact of race, sex etc. does come in to play, for example if a female did the same job as a male and got paid less, an unequal pay claim could be started.

Anyway, that comes from HR.
Old 01 February 2008, 01:43 PM
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tiny gsy
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we`re not all drivers though, thats the point. Surely the drivers should be paid more than the porters as they have more responsibility?

The guy thats being paid more that the complaint is about has no driving licence at all, hence the complaint.

Thanks for all your opinions so far
Old 01 February 2008, 01:55 PM
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Brendan Hughes
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Originally Posted by tiny gsy
The problem that has arisen is one of the guys at work that doesn`t drive is getting paid the same amount as the class C drivers and we feel that its unfair as he doesn`t have any of the responsibilities.
Sorry, I think your letter is of no legal value whatsoever, even if it may be cathartic and perhaps you'll get lucky. Equal opportunities legislation basically applies to equal jobs - here you're comparing apples with pears. Even if you want to be brutal and call racism, I still don't think it would hold up as you are comparing his pay with a different job, tribunals will only look at comparison of the same jobs, like if he got more or less than another porter.

The above all MHO, there are employment law bods on here who know better.
Old 01 February 2008, 02:02 PM
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SiPie
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Wink

Anyway, that comes from HR.
Bound to be a pile of crap then
Old 01 February 2008, 02:03 PM
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tiny gsy
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He gets more than all of the other porters by quite a large amount
Old 01 February 2008, 02:06 PM
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Brendan Hughes
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Then it's up to them to claim racial discrimination, if they want. Nothing to do with the drivers.
Old 01 February 2008, 02:13 PM
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Tiggs
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Originally Posted by tiny gsy
Surely the drivers should be paid more than the porters as they have more responsibility?
Why? Are you paid on a scale of responsibility? of course not.
Old 01 February 2008, 02:16 PM
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MattN
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Originally Posted by tiny gsy
we`re not all drivers though, thats the point. Surely the drivers should be paid more than the porters as they have more responsibility?

The guy thats being paid more that the complaint is about has no driving licence at all, hence the complaint.

Thanks for all your opinions so far
Nope.

Market forces etc.


Generally speaking the more repsonsibility you have the more you get paid but there's now law to say that just becasue you have more you should be paid more (common sense suggests you should).
Old 01 February 2008, 02:22 PM
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OllyK
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Originally Posted by tiny gsy
Basically we`ve been given the option that if we don`t like it then we better leave!

Any ideas on what we should do?
Strikes me you've already been given the answer.
Old 01 February 2008, 05:28 PM
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r32
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Why do you want some one to lose pay, will it help you any? No it wont make a bit of difference. Now if you can get your pay increased, you've acheived something.
So leave the other guy alone.........
Old 01 February 2008, 08:28 PM
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dnc
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Originally Posted by The Chief
There are people at work who get a higher hourly rate than me plus also get overtime - yet i am on salary, yes it grates me sometimes but at the end of the day it is nothing to do with me what anyone else gets paid period.

If the boss decided to pay the cleaning lady 40k a year it would be none of my or anybodies elses business
Very well put, sir.
Old 01 February 2008, 08:34 PM
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little-ginge
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Is there anything in your contracts to say that you should not be discussing yours, or anyone elses pay? I know that where I work, we have a contractual stipulation that wages are not to be disclosed to other employees...

You may just want to tred carefully...
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