C1Part 5Work
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.
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