GFTU Emplaw Emplaw Emplaw

White v Burton's Foods Ltd - Equal Pay and "same employment"

A female bringing an equal pay claim must use male pay comparators who are in “the same employment” as her. An Employment Tribunal should use a common sense approach to determine what is “the same employment” and is entitled to conclude that the employment terms of comparators are not broadly similar where holiday pay, notice pay provisions, disciplinary and grievances procedures, collective bargaining arrangements are all different and there is no over-arching company handbook.

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