Higher Pay for JNC Qualified Workers
Posted on Tuesday, October 30, 2001Occasionally some employers with little understanding of the professionalism of youth work or community work have argued that it is against equal opportunities or that it is discriminatory to insist on a JNC qualification.
The law disagrees. The law recognises that someone with a higher qualification deserves more than someone doing the same job with a lesser qualification.
In a case called Angestelitenbetriebsrat der Wiener Gebietskrankenkasse, the European Court of Justice rules that psychotherapists wit a degree in psychology, most of whom are women, did not do the “same work” within the meaning of Article 119 (now Article 141) of the Treaty of Rome, as higher paid and predominantly male doctors employed as psychotherapists. Although the two groups of employees performed seemingly identical tasks, they had each received different professional training and, because of the different scope of the qualifications resulting from that training, were called on to perform different tasks.
In another similar case the House of Lords decided in the case of Strathclyde regional Council v Wallace and ors that where the “ material factor” which the employer seeks to rely on is not caused by direct or indirect sex discrimination, then the defence can succeed. This is of course provided that the employer can identify the factors which they allege cause a difference in pay, for example the requirement for a different qualification.
JNC is at root one of the most Equal Opportunities based national collective bargaining agreements and its joint requires on courses for open access and equality of opportunity consideration in recruitment and selection, combine harmoniously with standards