What is a comparable job?

A comparator must be someone who is either doing:

Like work

This applies where the work is of the same or a broadly similar nature. Any differences must be relatively unimportant and the actual tasks that are carried out must be compared.

Work rated as equivalent

This applies where a study or job evaluation scheme rates certain jobs as being equivalent according to different headings.

Work of equal value

This applies where the effort, skill and demand required of people undertaking different jobs is the same.

How can an employee succeed with an equal pay claim?

To bring a claim under the equal pay provisions it is important to demonstrate that a colleague of the opposite sex is earning more, while carrying out a similar (or comparable) job. It is not sufficient for a hypothetical comparator to be used. The comparator must be:

• Employed by the same or an associated employer
• Employed in a comparable job

How can an employer defend an equal pay claim?

An employer can defend a claim if they can prove that any difference is due to a genuine material factor other than sex.

To defend a claim the employer must show a “material difference” between the individual and the comparator. A material difference could be related to personal characteristics or other extraneous factors.