Can an employee claim equal pay with a comparator if they do not perform "like work" and their employer has not carried out a job evaluation scheme?
Yes, under the Equality Act 2010, even if a female employee does not perform "like work" to a male comparator and the employer has not carried out a job evaluation scheme, they can still claim their 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.