Difference in Pay

clancyoo7

hello all

can anybody tell me is this permitted from the following scenario. 2 people are employed by a company one with a qualification a degree and the other without, when candidate with degree finishes his probationary period he is placed on a higher increment by virtue of his qualifications. However candidate without qualification decides to try and better himself and 3 yrs later has a degree, but employer refuses to pay increments on the grounds he did not ascertain the qualifications prior to commencing the job. Both men are now equally qualified both now there are discrepancies in pay. Company policy states it dose not have to be a specific type of degree qualification all that is required is you have a degree prior to employment.

Tom Young

The first query is how do you know as/for a fact that the other party has indeed gotten increments or is on more money? Don't answer that its Rhetorical.

Secondly, there is a nuance in relation to company remuneration policies, service and grades which frankly you may not know about in the requisite detail to make a valid complaint etc.

Legally forget it.

Tom

clancyoo7

it could hardly be equitable that the first candidate with degree, having signed the same terms and conditions as candidate without should fall foul of unjust internal policy which prohibits the second candidate from obtaining parity on pay. What bout the rights commissioner. Could he have any jurisdiction to these particular set of circumstances, with regard to pay and conditions.

Tom Young

The employment contract is between the Commercial Undertaking and the Employee. It is not for a third party such as another employee, or yourself to highlight the discrepancies as the Commercial Undertaking will know your abilities.

Perhaps you don't deserve a pay increment, perhaps economics do not provide for any rises in salary, perhaps there are extraordinary excusing circsumstances etc. Who knows.

Maybe you should leave and try get another job elsewhere.

Tom

clancyoo7

what type argument is that??? extraordinary excusing circumstances for 2 equally competent and qualified people. Why should one person be forced out of a job. Your getting a bit personal there Tom. You need calm down a small bit:)

Reloc8

The point about Equality in law is that you have to be the victim of inequal treatment for one of the grounds specified in the legislation - check the Equality Acts on irishstatutebook.ie. for those, to make out a case. A commonly relied upon ground is gender, if a co-worker/co-workers are treated differently and are (all or one) of a different gender. This situation can be the subject of a claim to a rights commissioner.

It could be argued that a contract of employment contains an implied term of being treated equally in respect of other similarly qualified employees as regards pay - tough argument, most employment contracts state they are entire as written i.e. implied terms are hard to establish. This would be a matter for a court case for breach of contract.

Most likely the question is whether this inequal treatment gives grounds for a claim that conditions are so intolerable that you are entitled to walk away from the job is if unfairly dismissed, and bring a claim for unfair dismissal to the Employment Appeals Tribunal (max compensation 2 weeks salary, compensation awarded, basically, for actual net loss to you of being dismissed). In and of itself I would not accept that inequal salary conditions vice qualifications are sufficient grounds to claim constructive dismissal.

clancyoo7 wrote: »

what type argument is that??? extraordinary excusing circumstances for 2 equally competent and qualified people. Why should one person be forced out of a job. Your getting a bit personal there Tom. You need calm down a small bit:)

Presuming that you're not seeking legal advice about your own personal situation, he can't have been getting a bit or a lot or at all personal.

clancyoo7

Thanks Reloc8 + Tom.

I was not trying to refer to constructive dismissal in the given scenario I was replying to Toms comment if you don't like it leave . I was just wondering if there were any ways of remedying the situation for person with no qualification. The rules apply to everyone regardless to race, sex, colour, creed etc. Once you don't have a degree prior its tough luck, with no recourse.

Long Onion

clancyoo7 wrote: »

Company policy states it dose not have to be a specific type of degree qualification all that is required is you have a degree prior to employment.

Seems pretty black & white to me, as the latter mantioned party did not have a degree prior to employment, there is no entitlement to increments.

clancyoo7

Long Onion wrote: »

Seems pretty black & white to me, as the latter mantioned party did not have a degree prior to employment, there is no entitlement to increments.

Yes But these proceedures are not available to the applicant prior to commencing employment. Its only once the contract of employment is signed do the full rules and regulations come into play.

Long Onion

clancyoo7 wrote: »

Yes But these proceedures are not available to the applicant prior to commencing employment. Its only once the contract of employment is signed do the full rules and regulations come into play.

Sorry, I am not following you here. I presume that the contract is the contract and simply has a probation period clause inserted.

clancyoo7

Hi Long Onion

What I mean to say is you are not made aware of any possible upgrade in pay prior to entering and once you get past your probationary period you then apply for the upgrade in increments. If you were in the middle of a college course and decided to leave it for the job and then complete it once established in the job, you would not be entitled, as you had not attained the qualificaion prior to the degree, and furthermore if you did not have a degree but ended up doing a degree which was specialised for the employment in question you would also not qualify, whereas a candidate could have a degreee in botany and working in an unrelated field yet they would get increments. But anyways thanks everyone for your imput