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You are currently viewing: Frequently Asked Questions > Topics

Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.


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Click to show the answer Is an employer at liberty to determine its own levels of pay?

Click to show the answer Can a woman compare her pay and conditions with those of any man?

Click to show the answer How does the law interpret 'like work' between a man and a woman?

Click to show the answer If a woman does a different job to a man but their jobs are rated as equivalent under a job evaluation scheme, can she claim equal pay with him?

Click to show the answer 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?

Click to show the answer Can an employer defend an equal value claim on the basis that it has carried out a job evaluation scheme?

Click to show the answer How can an employer defend an equal pay claim?

Click to show the answer Is there a time limit for serving an equal pay questionnaire?

Click to show the answer How much time does an employer have to respond to an equal pay questionnaire?

Click to show the answer Does an employee who believes that she may have an equal pay claim have the right to be given information about her male counterparts' salaries?

Click to show the answer Can a woman bring an equal pay claim on the basis that a female comparator earns more than she does?


Click to hide the answerCan a woman use her predecessor or successor as the comparator in an equal pay claim?

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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