What is a comparator?
When someone puts in a claim for equal pay, they are claiming for pay which is equal to that of someone else. The person with whom the comparison is made is the comparator. An employee can claim for equal pay with one or several comparators, and on different grounds - for example, he (or she) might compare earnings with one because they do similar work, and another because their work is of equal value.An Employment Appeals Tribunal has ruled recently that these claims do not have to be made simultaneously - the fact that someone is using one comparator now does not debar them from using another in the future. It is therefore essential to keep good records, not only of what people are (and were) paid, including the value of their benefits, but also of why.
The comparator will not necessarily support the employee's claim for equal pay, and may not even be aware of it. If the claimant does not already have the information he wants on the comparator's terms and conditions, he can obtain it through the Equal Pay Questionnaire, or by asking for documents through the Employment Tribunal ('discovery'). The Tribunal may, for instance, require you to allow the claimant and his (or her) lawyer access to your premises, to interview the comparator. Whether the claimant wins or not will have no effect on the comparator's pay and benefits.
Related Resources
in the Legal Information Centre
- We are recruiting a woman to do the job of a man who is retiring. Do we have to pay her what he was getting?
- If we have no one doing a job similar to that of a female employee, do we need to worry about her making a claim under the Equal Pay Act?
- How does anyone decide whether work should be rated as equivalent?
- How does anyone decide whether work is 'of equal value'.
