Equality Act 2010

79 Comparators

(1) This section applies for the purposes of this Chapter.

(2) If A is employed, B is a comparator if subsection (3) or (4) applies.

(3) This subsection applies if—

(a) B is employed by A’s employer or by an associate of A’s employer, and

(b) A and B work at the same establishment.

(4) This subsection applies if—

(a) B is employed by A’s employer or an associate of A’s employer,

(b) B works at an establishment other than the one at which A works, and

(c) common terms apply at the establishments (either generally or as between A and B).

(5) If A holds a personal or public office, B is a comparator if—

(a) B holds a personal or public office, and

(b) the person responsible for paying A is also responsible for paying B.

(6) If A is a relevant member of the House of Commons staff, B is a comparator if—

(a) B is employed by the person who is A’s employer under subsection (6) of section 195 of the Employment Rights Act 1996, or

(b) if subsection (7) of that section applies in A’s case, B is employed by the person who is A’s employer under that subsection.

(7) If A is a relevant member of the House of Lords staff, B is a comparator if B is also a relevant member of the House of Lords staff.

(8) Section 42 does not apply to this Chapter; accordingly, for the purposes of this Chapter only, holding the office of constable is to be treated as holding a personal office.

(9) For the purposes of this section, employers are associated if—

(a) one is a company of which the other (directly or indirectly) has control, or

(b) both are companies of which a third person (directly or indirectly) has control.