GFTU Emplaw Emplaw Emplaw


Key Points

  • To establish discrimination most complainants will need to establish a comparator
  • In some cases the comparator can be hypothetical
  • In equal pay claims the comparator must be actual, not hypothetical
  • S.79 of the Equality Act 2010 sets out the requirements for such a comparator in equal pay claims
  • Equal Pay claims can be progressed under the sex discrimination provisions thereby allowing for a hypothetical comparator
  • Brexit effect - unless otherwise stated, the position in relation to any EU legislation and decisions as set out in this card is as it was understood at the end of the transition period on 31st December 2020. For information on the status of EU decisions and legislation as of 31st December 2020 please see Statement on impact of Brexit on Emplaw Online content

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