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Q1227: Can a woman use her predecessor or successor as the comparator in an equal pay claim?

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Source: XpertHR Q&A

Date: 10/11/2009

Publisher: XpertHR

Q1227: Can a woman use her predecessor or successor as the comparator in an equal pay claim?

TOPICS:

pay and benefits

pay levels and awards

A woman making an equal pay claim must compare herself with at least one man doing equal work: this can be either someone employed in the organisation at the same time as her, or her predecessor. However, the Employment Appeal Tribunal held in Walton Centre for Neurology and Neurosurgery NHS Trust v Bewley [2008] IRLR 588 EAT that a woman cannot use her successor as a comparator.

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