The principle of equal pay under Article 119 of the EC Treaty only applies where the comparator is in fact of the opposite sex, the EAT holds in Collins v Wilkin Chapman, overruling the decision of an industrial tribunal that a claim could be brought where the comparator is perceived to be of the opposite sex, but is the same sex biologically.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.