Q&As

Can an individual bring an equality of terms (equal pay) claim under the Equality Act 2010 in respect of a comparator who is a person of the same sex as the claimant?

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Published on LexisPSL on 03/10/2018

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Can an individual bring an equality of terms (equal pay) claim under the Equality Act 2010 in respect of a comparator who is a person of the same sex as the claimant?

Can an individual bring an equality of terms (equal pay) claim under the Equality Act 2010 in respect of a comparator who is a person of the same sex as the claimant?

The Equality Act 2010 (EqA 2010) contains provisions designed to achieve equality between men and women in pay and other terms of employment where the work of an employee and their comparator—a person of the opposite sex—is equal. It does so by providing for a sex equality clause to be read into the employee’s contract of employment. This is designed to ensure parity of terms between the employee and his or her comparator. A similar provision—referred to as a sex equality rule—is implied into the terms of pension schemes.

The Act imposes an equality clause into a person's (A's) terms of work, or an equality rule into an occupational pension scheme, where A:

  1. is employed on work that is equal to the work that a comparator of the opposite sex (B) does, or

  2. holds a

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