Dumfries and Galloway Council v North and others  IRLR 915 EAT
Reports relating to this case:
Equal pay: Claimant must show "real possibility" that comparator at different establishment could be employed at her establishment in same or broadly similar job
- 7 August 2009
In Dumfries and Galloway Council v North and others EATS/0047/08, the EAT held that comparators who worked at different establishments for a common employer, but would never realistically be employed at the same establishments as the claimants, were not "in the same employment" as the claimants for the purposes of the Equal Pay Act 1970.
- 2 June 2009
The Employment Appeal Tribunal has held that, in order for an equal pay claimant to rely on a comparator employed at a different establishment, there must be a real possibility of the comparator doing the same, or a broadly similar, job at the claimant's place of work. In addition, the claimant must show that the terms and conditions on which the comparator would be employed are broadly similar to those on which the comparator is currently employed.