Employment law

Kerr · 11-04-2011, 11:38 AM

At work today it came out that various people doing the same job are on different contracts.

For example some people are paid double time for all overtime while others get time and a half.

I had a quick google and read all pro rata benefits should be the same for all employees doing the same job.

Would that cover overtime rates too or is it purely by individual contract?

xenon · 11-04-2011, 11:41 AM

Yes it should be the same - if they're doing the same job then the T&C must be the same. (equality law)

willhollin · 11-04-2011, 11:46 AM

The women should get paid less surely?

dxb335d · 11-04-2011, 11:48 AM

Mate, we have the same thing at our place. We even kicked off but only to get shot down pretty quickly.

Good luck with sorting it.

xenon · 11-04-2011, 11:51 AM

I've just recently finished reviewing 60-odd contracts of employment because of differences like this and it was a fcuking nightmare but there is no interpretation here - they must get the same benefits.

You can have pay-scales to pay people differently who essentially do the same job and you can give an extra day holiday for ten years service and stuff like that, but if one person gets double time it is not legal to pay someone else time-and-a-half working at the same job.

rogerxp · 11-04-2011, 01:13 PM

Quote:

Originally Posted by willhollin

The women should get paid less surely?

Post of the day

davyk31 · 11-04-2011, 05:09 PM

If they were aware of the terms at time of appointment and agreed to them then there is no problem, they knew the deal and accepted it.

Bungle009 · 11-05-2011, 07:02 AM

It depends on the individuals T&C's. With legislation like TUPE meaning bulk employee transfers between organisations, it is inevitable that there will be differences in individuals T's & C's. Normally companies go through a consultancy process and try to normalise the disparity.

BGM · 11-05-2011, 12:34 PM

Quote:

Originally Posted by dxb335d

Mate, we have the same thing at our place. We even kicked off but only to get shot down pretty quickly.

Good luck with sorting it.

how did you get 'shot down'?

11-04-2011, 11:38 AM	#1
Kerr Brigadier General 112 Rep 4,021 Posts Drives: BMW M235I Join Date: Dec 2010 Location: Aberdeen iTrader: (0)	Employment law At work today it came out that various people doing the same job are on different contracts. For example some people are paid double time for all overtime while others get time and a half. I had a quick google and read all pro rata benefits should be the same for all employees doing the same job. Would that cover overtime rates too or is it purely by individual contract?
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11-04-2011, 11:41 AM	#2
xenon Major General 1396 Rep 8,082 Posts Drives: 2021 G21 330i M-Sport Join Date: Jun 2008 Location: Coventry iTrader: (0)	Yes it should be the same - if they're doing the same job then the T&C must be the same. (equality law) __________________ Ian Current: 2021 G21 330i M-Sport Previous: 2018 A6 Avant S-Line MMI+, 2014 F31 320d M-Sport, 2013 F10 520d M-Sport, 2011 F10 530d M-Sport, 2008 320i M-Sport Coupe, 2002 325i, 2001 318i valvetronic, 1998 318i, 1996 525i, 1990 Porsche 944S2
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11-04-2011, 11:46 AM	#3
willhollin Major General 268 Rep 9,915 Posts Drives: VW T5 Join Date: Apr 2008 Location: Worcestershire iTrader: (1) Garage List 2007 BMW E92 330d SE [10.00] 2010 Transporter T5 ... [0.00]	The women should get paid less surely? __________________
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11-04-2011, 11:48 AM	#4
dxb335d The Tarmac Terrorist 949 Rep 29,345 Posts Drives: 997.2 GT3 Join Date: Mar 2007 Location: ''Fandango Towers'' iTrader: (3) Garage List 2010 Porsche 997.2 GT3 [9.50] 2003 BMW E46 M3 [6.00] 2007 BMW E92 335D [5.50]	Mate, we have the same thing at our place. We even kicked off but only to get shot down pretty quickly. Good luck with sorting it. __________________ 997.2 GT3
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11-04-2011, 11:51 AM	#5
xenon Major General 1396 Rep 8,082 Posts Drives: 2021 G21 330i M-Sport Join Date: Jun 2008 Location: Coventry iTrader: (0)	I've just recently finished reviewing 60-odd contracts of employment because of differences like this and it was a fcuking nightmare but there is no interpretation here - they must get the same benefits. You can have pay-scales to pay people differently who essentially do the same job and you can give an extra day holiday for ten years service and stuff like that, but if one person gets double time it is not legal to pay someone else time-and-a-half working at the same job. __________________ Ian Current: 2021 G21 330i M-Sport Previous: 2018 A6 Avant S-Line MMI+, 2014 F31 320d M-Sport, 2013 F10 520d M-Sport, 2011 F10 530d M-Sport, 2008 320i M-Sport Coupe, 2002 325i, 2001 318i valvetronic, 1998 318i, 1996 525i, 1990 Porsche 944S2
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11-04-2011, 05:09 PM	#7
davyk31 Major General 1042 Rep 6,946 Posts Drives: Macan GTS :-) & F40 M135i Join Date: Sep 2009 Location: Northern Ireland iTrader: (0)	If they were aware of the terms at time of appointment and agreed to them then there is no problem, they knew the deal and accepted it.
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11-05-2011, 07:02 AM	#8
Bungle009 Lieutenant 10 Rep 579 Posts Drives: E92 M3 Join Date: Nov 2009 Location: Alton iTrader: (0)	It depends on the individuals T&C's. With legislation like TUPE meaning bulk employee transfers between organisations, it is inevitable that there will be differences in individuals T's & C's. Normally companies go through a consultancy process and try to normalise the disparity.
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