Both men and women can bring claims for equal pay, but in doing so they must be able to evidence the same by referring to a colleague of the opposite sex who has different employment terms to their own. This colleague would then be referred to as the ‘comparator’.
A hypothetical comparator would not be sufficient, the person bringing the claim must be able to point to an actual comparator. The comparator must be employed by the same (or an associated) employer and employed in a ‘comparable’ job.
Equal pay claims can be very complex and can require a great deal of analysis of the facts. If the claim is successful the tribunal has the power not only to award losses to date but also to amend the terms of the employee’s contract so that going forward they are in an equal position to their comparator.
If you have been named as the respondent in a claim for equal pay or a grievance has been raised, please contact us and we will be happy to help.