Legal question: Two people doing the same work for different pay?

Dionysus

Over in the Teaching Forum somebody was giving out that NQTs (Newly Qualified Teachers) will be employed to do the same work as other, equally qualified, teachers but will receive c. €200 per week for this work compared to their c. €40k per year.

The NQTs will be employed under the WPP1 (Work Placement Programme for Graduates) and will not be paid at all, although they will be able to keep their unemployment benefit of c. €200 per week.

But the poster wondered, and now I'm wondering, is it legal in Irish law to pay two people with precisely the same qualifications - indeed, many of the WPP1 teachers will have higher qualifications - and doing precisely the same work (teaching a class) differently?

Any feedback would be appreciated. Thanks.

deman

I'm not an expert but I'd say experience should be noted here. I'm sure that a teacher who had 10 years of teaching behind him or her wouldn't stick around for too long if some noob came along to get the same salary.

Dionysus

deman wrote: »

I'm not an expert but I'd say experience should be noted here. I'm site that a teacher who had 10 years of teaching behind him or her wouldn't stick around for too long if some noob came along to get the same salary.

Yes, that's true. But, say, for instance, you have a teacher with a year's experience who in normal circumstances starts at Level 3 on the Payscale (€33k per annum) and was fortunate enough to get a teaching post this year. Beside them now you have another teacher with the same amount of experience but who couldn't get a job this year so is in the school teaching the same number of classes on the WPP1 (receiving just his/her unemployment benefit).

What would the legal situation be there?

jenny jinks

Dionysus wrote: »

Yes, that's true. But, say, for instance, you have a teacher with a year's experience who in normal circumstances starts at Level 3 on the Payscale (€33k per annum) and was fortunate enough to get a teaching post this year. Beside them now you have another teacher with the same amount of experience but who couldn't get a job this year so is in the school teaching the same number of classes on the WPP1 (receiving just his/her unemployment benefit).

What would the legal situation be there?

It may amount to indirect discrimination which is illegal. It would have to be proven that there was a bias against agroup of individuals in order to succeed. It might be argued that it amounts to gender discrimination if there are more proportionately more women on the lower scale than there are on thi higher scale. Indirect discrimination canbe objectively justified and the economic situation would probably be prayed in aid by the government.
It often happens because of the incremental system that some people who do identical work are paid less than others. Pay is based not just on qualifications but other factoers as well.

coylemj

+1

Unless you can show that the discrimination is based on gender, race, religion, sexual orientation or membership of the travelling community there's nothing you can do about it.

Reloc8

Or family status.

Or marital status.

Or having a disability.

Or Age.

Or colour or ethnicity (to be fair may be encompassed in race although the act differentiates).

And there may be indirect discrimination in play which is a difficult and complicated set of concepts.

Go to a solicitor.