Paid less than person who held same position before me

[PaidLess]

I discovered during my first week in a new job that I am being paid less than the person who had the job before me. In fact when she took the job 3 years ago, she was a recent graduate with no experience and I am 34 years old, with several years experience.

 

I have already signed my contract although I am still in my 3 month probationary period. How can I approach this issue? Is there any legal redress?

 

Thank you

[godpikachu]

ok, what does your contract say about how much you are to be paid?, it should specify how much you will get per week/month/year somewhere.

 

is this figure equal or more than what you are currently being paid?, if not, then you dont have any real claim to dispute the amount once your contract has been signed, regardless of previous experience, qualifications or what youve been told.

A job offer has been made to you, you have accepted, end of story, theres thousands of people out there at the minute who wish they were in your position, but arent, so be grateful at least for that.

 

If however, your contract does not specify your wage, either per week, per month or per year, then you do have the right to ask for it in writing, regardless of your length of service. This is one of your statautory rights, as everyone has the right to know how much they will be paid.

This should be part of your contract, if it isnt, then you do have the right to question them about your wages.

May i ask, how have you found out how much the other person who was doing the job was paid?, did said person show you their wage slip or contract?, or was it by way of chinese wispers?.

Im asking this because if you do challenge them on the matter, you will have to prove that you are being underpaid, and simply saying "well i got told that..." does not contitute proof, it constitutes that you listen to gossip.

 

Aslo, one thing i would like to say, is that as per your own admission, the person you replaced has 3 years service with the company,w hile you only have 1 week.

Over these 3 years they may have built up bonuses for good work and/or wage increases.

You have 1 weeks service, so none of this applies to you yet.

 

Simply put mate, you have a new job, something which i would kill for at the minute, id think long and hard wether you want to cause a stink in your first weeks employment, which could lead to you simply being sacked for causing trouble.

 

My honest advice, get your head down, get some money earned, and stop worrying.

[monkeychicken]

It might be worth asking nicely.

 

also perhaps you could use this job as a springboard to a better paid job in the future

[orfoster]

Hiya,

 

Are you in a union for your work sector?

 

Does your work place do job evaluations?

 

If you feel there is discrimination you need to contact your union if you are in one, if not in the current climate I would recommend to anyone to join. They are there to help.

 

You could look these matters up on ACAS website. Or go on the Citizens Advise site for help.

 

Thanks

Edited February 4, 2009 by orfoster
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[elche]

 

My honest advice, get your head down, get some money earned, and stop worrying.

 

This is good advice for the following reasons:

 

a) You are a short service employee (less than 12 months) thus should your employer decide to dismiss you it won't be too difficult;

 

b) Provided the difference in salary cannot be linked to a discriminatory reason or a claim under the equal pay act, then there is nothing in law that says you must be paid the same as the person you replaced

 

 

Che

[orfoster]

This is good advice for the following reasons:

 

a) You are a short service employee (less than 12 months) thus should your employer decide to dismiss you it won't be too difficult;

 

b) Provided the difference in salary cannot be linked to a discriminatory reason or a claim under the equal pay act, then there is nothing in law that says you must be paid the same as the person you replaced

 

 

Che

 

My advise still stands, however, I do agree here.

 

Under 12 months service restricts your employment rights.

[elche]

My advise still stands, however, I do agree here.

 

Under 12 months service restricts your employment rights.

 

I never said your advice (with a 'c' - sorry couldn't resist that!) was bad

 

My point is that with less than 12 months service you cannot, unless you can link your claim to one of the exemptions, bring a claim for unfair dismissal - thus a SS employee should always 'tread carefully'.

 

Furthermore, from a legal perspective, (subject to my previous comments) I don't really see where, on the facts thus far disclosed, the OP can go with this?

 

Kind regards

 

Che

Edited February 4, 2009 by elche

[orfoster]

No sorry I didn't mean that either.

 

I always get that wrong. I've been corrected before advice advice advice!! I just need to get used to typing it.

 

No unless linked to equal pay or maybe sex discrim I don't know what can be done.

 

It may be as simple as asking them and them saying yes (if only).

[elche]

 

I always get that wrong. I've been corrected before advice advice advice!! I just need to get used to typing it.

 

Sorry once again - I'm not normally a pedant

 

Blame in on the keyboard - works for me

 

Che

[Sali]

I just want to throw a question in. The salaries for jobs are usually influenced by the market demand. Thus in the 80s/90s IT consultants were being paid huge sums, but they don't any more. If an employer re-advertises a job, would he not be checking the current market rates and pay the 'new' employee accordingly? Can you argue with that?

[Otto12]

I discovered during my first week in a new job that I am being paid less than the person who had the job before me. In fact when she took the job 3 years ago, she was a recent graduate with no experience and I am 34 years old, with several years experience.

 

I have already signed my contract although I am still in my 3 month probationary period. How can I approach this issue? Is there any legal redress?

 

Thank you

 

I was in a similar position three years ago. I was initially pleased to be promoted but then discovered that even with the pay rise I was still paid less than the chap who I took over from. I stewed over this for a few weeks then decided to write a polite letter to my line manager stating my case that I thought I should be paid the same as the previous occupant of the job. It paid off, I only had to wait two months and my pay was increased. However, the company could have refused and there's not a fat lot I could have done. I think it paid not to get angry about it, put your case in writing. Be honest and firm, but but at all times, polite.

 

Good luck.

[Sali]

Yeah, worth a try, but let's be honest, the management and HR are quite aware that they are paying this person less than the original employee. It's an employers' market.

[godpikachu]

at the end of the day, your employer pays you what they think is fair, if you accept it but then decide you want more, then thats just tough.

 

if anyone out there who is working wants to moan about how much they are getting paid, then you can send me your total monthly earnings and in return i will send you my total monthly JSA payments (a whopping £242 per month)....then we will see which one of us is poorer and who has the right to moan.

[orfoster]

I am in favor of job evaluation, does your employer evaluate the positions there?

 

I understand there are lots of people out there without work, I see it everyday, however, employers still need to treat staff fairly and equally during the economic climate.

 

I would ask them nicely and see what they say.... you may be suprised.

[MARTIN3030]

at the end of the day, your employer pays you what they think is fair, if you accept it but then decide you want more, then thats just tough.

 

if anyone out there who is working wants to moan about how much they are getting paid, then you can send me your total monthly earnings and in return i will send you my total monthly JSA payments (a whopping £242 per month)....then we will see which one of us is poorer and who has the right to moan.

 

 

godpikachu,

 

He is not moaning-he is here to ask a legitimate question.

Theres nothing in their post that suggests he isnt aware of the credit crunch nor has any disrespect for those unfortunate not to have a job.

I can see your point-but a little tact would not go amiss.

[godpikachu]

well im sorry but i have very little sympathy for anyone who moans when they are getting paid for doing something.

 

he has a job, and he has been there a week and is moaning because he is comparing his weeks length of service to someone who was with the company for 3 years. there are people like me who genuinely want to work, who are available and willing, but we dont get the chance for one reason or another.

 

we have a right to complain about not having much money, or not getting much in the way of benefits, after all, ANY income is better than NO income, he is basically looking a gift horse in the mouth.

 

i always say the same to people who moan about money when they are working, if you dont want the job, then find another one or give it up for somone else who needs it, if you do want the job, then stop whinging and think yourself lucky you have one.

[Sali]

Godpikachu

Paidless is not seeking our sympathy for his predicament, just seeking some advice.

Sometimes we can forget when we get so wrapped up in our own lives trials and tribulations, that there are others worse off than ourselves.

Keep your chin up. Hopefully, things will turn round for you.

[Otto12]

at the end of the day, your employer pays you what they think is fair, if you accept it but then decide you want more, then thats just tough.

 

if anyone out there who is working wants to moan about how much they are getting paid, then you can send me your total monthly earnings and in return i will send you my total monthly JSA payments (a whopping £242 per month)....then we will see which one of us is poorer and who has the right to moan.

 

Quote...

 

...your employer pays you what they think is fair...

 

Wrong, most employers will pay you what they think they can get away with. Unfairness in matters regarding salary often goes unnoticed because a lot of companies encourage an atmosphere of secrecy when it comes to pay, this makes it easy for bad employers to have "favorites".

[p_cas]

Wrong, most employers will pay you what they think they can get away with.

 

 

Of course an employer will do that, it's up to the potential employee to negotiate if he/she doesn't think the wage is adequate or if they think they are worth more.

 

I too find it a little odd to accept a wage (and presumably they were happy to do so at the time) and then a week later be questioning it. I wouldn't be too impressed if an employee came in asking for more money after only 1 week!

 

Get some experience with the company, see if you can do the job to the standard they want and, if all goes well, start talking about pay increases in a year or so - not after a week.

[ajax95]

I can see Godpikachu's point. Even my rubbish Civil Service pay (4 yrs without a pay-rise) still came to far more than anything I'll get on JSA.

 

 

Most employers will pay you what they think they can get away with.

 

Unfortunately, it's an employer's market right now and until the economy picks up, there's going to be a lot of people being paid less than they're worth...

 

Get some experience with the company, see if you can do the job to the standard they want and, if all goes well, start talking about pay increases in a year or so

 

... I think this is the best thing you can do for now. If your experience proves that you can do a better job than the guy you replaced then that stands in your favour

Edited February 6, 2009 by ajax95
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