C3C2C1 Part 5Work
Pt. 5 excluded by 2005 c. 4, s. 27(5A)(b) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 9; S.I. 2013/1725, art. 2(g))
Pt. 5 applied (1.8.2011) by the Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011 (S.I. 2011/1771), regs. 3-5
Chapter 3Equality of terms
Supplementary
79Comparators
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.
I180Interpretation and exceptions
1
This section applies for the purposes of this Chapter.
2
The terms of a person's work are—
a
if the person is employed, the terms of the person's employment that are in the person's contract of employment, contract of apprenticeship or contract to do work personally;
b
if the person holds a personal or public office, the terms of the person's appointment to the office.
3
If work is not done at an establishment, it is to be treated as done at the establishment with which it has the closest connection.
4
A person (P) is the responsible person in relation to another person if—
a
P is the other's employer;
b
P is responsible for paying remuneration in respect of a personal or public office that the other holds.
5
A job evaluation study is a study undertaken with a view to evaluating, in terms of the demands made on a person by reference to factors such as effort, skill and decision-making, the jobs to be done—
a
by some or all of the workers in an undertaking or group of undertakings, or
b
in the case of the armed forces, by some or all of the members of the armed forces.
6
In the case of Crown employment, the reference in subsection (5)(a) to an undertaking is to be construed in accordance with section 191(4) of the Employment Rights Act 1996.
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8
Schedule 7 (exceptions) has effect.
Pt. 5 excluded by 2005 c. 4, s. 63(4) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 10(3); S.I. 2013/1725, art. 2(g))