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Q&A: Employment Doctor - February 2010

26 January 2010

Our reps handle thousands of work problems each year on behalf of PCS members. Here are just a few of the issues that have cropped up

Q1. When I started my job six months ago I accepted the salary I was offered even though I knew it was close to the bottom of the scale for my grade.

I have since found out that a man who joined about the same time as me is earning £1,000 more. How can I find out if I can bring an equal pay case?

The Equal Pay Act states that women and men doing similar work, work rated as equivalent or work of equal value should be paid the same, unless their employer can show that they have a genuine, material and gender-neutral reason for the difference in pay. The difficulty is often identifying what other people are paid and the reasons for any disparities.

Workers who think they are paid less on gender grounds are able to issue an equal pay questionnaire to ask their employer about their pay. You can ask about the pay and duties of specific named comparators, and ask for general information about pay levels of women and men within the organisation. See your PCS representative for advice about the questionnaire.

Q2. I recently suspected my manager of fiddling his expenses and told his boss. I never heard any more about it but since then my manager has been very hostile towards me. Is there anything I can do about this?

All employees are protected against being dismissed or subjected to any other detriment because they make a disclosure in the public interest.

If you had a reasonable belief that your manager was guilty, the law should protect you against being victimised for raising your concern.

The law on whistleblowing at work is complex, only some disclosures are covered and there are strict provisions about who you can disclose matters to, so always consult your union representative before taking action.

PCS recommends that all workplaces have a clear procedure for dealing with whistleblowing.

Q3. I am a PCS rep working for a private sector company. The company is looking to make redundancies and has started consulting us about the selection process. They are proposing a number of criteria including length of service, but surely this would discriminate against younger workers. Is it unlawful under age discrimination law?

A recent Court of Appeal judgment has confirmed that it is not unlawful age discrimination to take account of length of service in the criteria used for redundancy selection, as long as it is not the only or main factor in the selection process.

The court found that it was justifiable to use seniority as this was a fair way of rewarding loyalty and achieving a stable workforce.

However, a procedure that was based solely on ‘last in, first out’ would almost certainly be unlawful. You should seek more detailed advice from your PCS full time officer on the whole selection process.

Q4. I am on a fixed-term contract which is due to expire in three months’ time. My company has recently internally advertised a vacancy in the department where I work, but I was told that fixed-term staff could not apply. Can I do anything about this?

Under the fixed term employees regulations you have the right to be informed of any job vacancies within the company. It is unlawful and less favourable treatment under the regulations for your employer not to allow you to apply for a post, unless they have an objective justification for refusing you this opportunity.

You should raise this with your PCS rep who will be able to take up the issue with management on your behalf.

Q5. I am due to return to work next month after 52 weeks’ maternity leave. I have just been told I cannot return to my old post because it has been reorganised and I am being offered a different position.

You have the right to return to the same job you were doing before you went on maternity leave unless your employer can show it is not reasonably practicable for you to do so.

In these circumstances you must be offered an alternative post that is suitable and appropriate for you to do in the circumstances.

We need to establish what has happened to your old job to see if it really was not practical for you to return to it, and if so, to consider the detail of any other posts you are offered.

Speak to your PCS rep about this as soon as possible to ensure you get more detailed advice and support.

The information contained on this page is not intended as legal advice on individual cases. If you have a query about your employment rights please contact your PCS rep. The employment doctor cannot answer individual queries.
With thanks to Thompsons Solicitors and the PCS legal department.
 

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