Equal pay: equal work and comparators

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Equal pay: equal work and comparators
  • Eligibility to bring an equal pay claim
  • Equal work
  • Like work
  • Work rated as equivalent
  • Work of equal value
  • Comparators
  • Comparators at a different establishment
  • Comparators: predecessors and successors
  • Comparators: meaning of 'establishment
  • More...

Equal pay: equal work and comparators

UPDATE: In Asda Stores v Brierley [2021] UKSC 10 the Supreme Court gave guidance on the proper operation of the statutory ‘common terms’ requirement which applies in equal pay claims where the chosen comparator works at a different establishment from the claimant, and set out case management guidance for employment tribunals that are faced, at a preliminary stage, with the need to resolve whether that requirement is met. For full details, see News Analysis: Equal pay: Supreme Court guidance on ‘common terms’ where comparator is at different establishment (Asda Stores v Brierley and others). This Practice Note will be updated in due course to reflect the decision.

This Practice Note examines eligibility to bring an equal pay claim, known as equality of terms under the Equality Act 2010 (EqA 2010), and the concepts of equal work, like work, work rated as equivalent and work of equal value (equal value claims).

Eligibility to bring an equal pay claim

In order to be eligible to bring an equal pay claim, a person must:

  1. be employed, or hold personal or public office (see the main sections entitled: Meaning of 'employed' and Office holders in Practice Note: Equal pay: how claims work)

  2. do work that is equal (see Equal work, below)

  3. to that of a specified comparator (see Comparators, below)

Equal work

For

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