Equality of terms: equal work and comparators
Equality of terms: equal work and comparators

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

  • Equality of terms: equal work and comparators
  • Eligibility to bring an equality of terms claim
  • Equal work
  • Like work
  • Work rated as equivalent
  • Work of equal value
  • Comparators
  • Predecessors and successors
  • Meaning of ‘establishment’
  • Comparators at a different establishment
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit and IP completion day—implications for employment lawyers.

Eligibility to bring an equality of terms claim

In order to be eligible to bring an equality of terms (equal pay) claim, a person must:

  1. be employed, or hold personal or public office (see Practice Note: Equality of terms: how claims work—Meaning of 'employed' and Equality of terms: how claims work—Office holders)

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

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

Equal work

For the purposes of the equality of terms provisions, A's work is equal to that of B if it is:

  1. like B’s work (see Like work, below)

  2. rated as equivalent to B’s work (see Work rated as equivalent, below), or

  3. of equal value to B’s work (see Work of equal value, below)

Like work

A’s work is like B’s work if:

  1. A’s work and B’s work are the same or broadly similar, and

  2. such

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