The comparator plays a crucial part in a wide range of employment-related cases. But who exactly is the comparator? It all depends on why the question is being asked, says Olga Aikin

When someone puts in a claim for equal pay, they need to compare their existing pay with that of someone else – the comparator. The same is true in discrimination claims and those for equal treatment for part-time and fixed-term contract work. Unfortunately, a different definition of ‘comparator’ is used for each type of claim.



Equal pay

A woman (for example) bringing an equal pay claim has to show that her terms of employment are less favourable than those of a man (Equal Pay Act 1970 S1). The man has to be doing like work - work which has been rated as being of equal value in a job evaluation or found to be of equal value by a tribunal.