Features

Childcare Counsel - unfair pay, redundancy criteria

Our resident employment lawyer, Caroline Robins, senior associate solicitor at Eversheds Sutherland, answers your questions

I recently discovered I am being paid less for doing the same job as another colleague at another setting in the group. I feel this is very unfair, but I’m also worried about turning my employer against me. What should I do?

Equal Pay legislation will only protect individuals with regard to disparity of pay where there is a comparator of the opposite gender who performs broadly similar work but is paid more. It is possible for the individual to ask the employer questions to identify such comparators. Even if a comparator can be identified, an employer may have a defence for the difference in pay. There are often a number of potentially justifiable reasons why individual employees may be paid differently for a particular role, including qualifications, experience, location, job performance, skills and the market at the time of recruitment.

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