Can an employee claim equal pay if she does not work on like work with her comparator and her employer has not carried out a job evaluation scheme?
Yes, under the Equality Act 2010, even if a woman does not perform like work to a male comparator and the employer has not carried out a job evaluation scheme, she can still claim her work is of equal value. The value of the jobs is measured by comparing them in terms of demands such as effort, skill and decision making. Successful equal value comparisons have been made between the work of, for example, speech therapists and clinical psychologists, and kitchen assistants and refuse workers. An employment tribunal can determine whether or not the claimant's work is of equal value to that of the comparator or appoint an independent expert to carry out an assessment of the respective value of the jobs.