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Equal Pay Question

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koiman | 21:35 Fri 22nd Jul 2005 | Jobs & Education
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My wife works as a supervisor for a well known supermarket chain, they have recently taken over another well known chain.

The decision was taken to sell off the old store she worked at and move to the near by newer facility which was part of the purchased company.

Even though my wife is employed as an enhanced (senior) supervisor, she is on less money than the supervisors which are already working in that store, it seems that they have elected not to change their current contracts. can this happen or can she demand some sort of parity?

If so which part of employment law covers this position?

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This sort of thing may be covered by TUPE - the Transfer of Undertakings (Protection of Employment) Regulations.  http://www.dti.gov.uk/er/individual/tupe-pl699.htm But that depends who your wife was working for and who she is working for now. 

What do you mean by "elected not to change their current contracts"?

If she is a member of a union I suggest she contacts them first thing on Monday. 

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, my wife works for supermarket group M and has done for over 10 years, they recently took over supermarket group S. When they did the old M supermarket in our town was closed as it was old, the staff transfered to the newer S building. The newer S shop underwent a rename to M and staff from both stores were employed.

The exhisting S staff were offered a new M employment contract but were not forced to take it. The ones who didn't take it and do the same job as my wife (who is supposed to be a more senior in position) earn a sinificant amount more. I would have thought if they do a similar or lesser job my wife should be able to claim parity using some exhisting law, it seems so unfair as it stands.

I agree it does seem totally unfair (and yes I understand which companies you're referring to!). 

Equal pay legislation generally centres on sex discrimination.  If there is a male in an equal or lower position who is earning more, this will make it easier for your wife to claim.  A same sex comparator can be acceptable though - so don't worry if it's a team of ladies! 

Here is some more information. 

I would love to help more, but I'm just REALLY busy today - sorry.  I mentioned a union because they'll do the legal work as part of the membership fees.  If you go to an employment tribunal with this, you can do it without a lawyer, but you'll need to be very clued up.  I suggest trying to take some legal advice (even if from one of the country's many excellent free Legal Advice Centres) first. 

Good luck!

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