Do we have to pay new workers, recruited to work from home, at the same rate as employees moved from our offices to work from home?

 

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Suki Harrar

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4. Do we have to pay new workers, recruited to work from home, at the same rate as employees moved from our offices to work from home?

Not necessarily. But take advice before you pay them differently, because it could be risky. For example, you risk breaching the equal pay legislation, particularly if the employees you are relocating include a higher proportion of one sex than the employees you are recruiting at a lower rate (see Equal pay).

You also run the risk of a case being brought against you under the discrimination legislation, if the employees you are taking on are of a different race, colour, nationality or ethnic origin from those you are moving to work from home; or if they are disabled; or if they have different religious or philosophical beliefs; or if they have (or are believed to have) a different sexual orientation (see Discrimination).

With the age discrimination legislation in force, this may also apply if the employees you are taking on belong to a different age group from those you are relocating: if, for instance, they are mostly school leavers or young mums.