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Equal pay: Not necessary to show "real possibility" of comparator from different establishment doing same work at claimant's establishment for comparator to be "in the same employment"

This report relates to 1 case(s)

In North and others v Dumfries and Galloway Council [2011] IRLR 239 CS, the Court of Session held that the EAT's "real possibility" test incorrectly placed an additional hurdle on claimants and amounted to an error of law. However, the claimants' argument that they were in the same employment as their comparators failed on the evidence.