Q1228: When recruiting to a vacancy can an employer offer a better salary than that offered to existing employees in order to attract candidates?

It is not inherently unlawful for an employer to offer a better salary than that offered to existing employees in order to attract candidates, but it creates a risk of a claim under the Equal Pay Act 1970 from colleagues of the opposite sex who perform the same work for lower pay. There may also be a risk of claims from opposite-sex employees carrying out different work where their job has been rated as equivalent with the post in question, or they claim that they carry out work of equal value.