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Employment Equality & Seniority

  • 22-09-2014 1:23pm
    #1
    swanvill
    Registered Users, Registered Users 2 Posts: 276 ✭✭


    Hi,


    A quick question on Employment Equality, can an employer pay different pay rates to two different people who are carrying out the same role based on one person working in the business for 15 years & the other for three years?



    The employer does not operate a pay scale and pay rises are granted on ad hoc basis.



    Thanks.


Comments

  • #2
    Manach
    Moderators, Society & Culture Moderators Posts: 9,768 Mod ✭✭✭✭Manach


    Offhand yes. In that most people who are experienced in their job have a greater proficiency in that role. So this should be an allowable exception. As well, it could be the case that the elder party had a different employment contract due to various business reasons (buyout of an original company etc.).


  • #3
    Beano
    Closed Accounts Posts: 3,357 ✭✭✭Beano


    why would you think they couldnt? If pay rises are down to individual negotiation then perhaps one is just a better negotiator than the other?


  • #4
    conorh91
    Registered Users, Registered Users 2 Posts: 3,328 ✭✭✭conorh91


    S.34 Employment Equality Act 1998

    subsection (7) provides -
    It shall not constitute discrimination on the age ground for an employer to provide for different persons—
    (a) different rates of remuneration, or
    (b) different terms and conditions of employment,
    if the difference is based on their relative seniority (or length of service) in a particular post or employment.

    For completeness, although there could be no ambiguity, the High Court has emphasized that a seniority of service criterion is legitimate, and an age-based one cannot be legitimate.


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