(1)For the purposes of this Chapter, A's work is equal to that of B if it is—
(a)like B's work,
(b)rated as equivalent to B's work, or
(c)of equal value to B's work.
(2)A's work is like B's work if—
(a)A's work and B's work are the same or broadly similar, and
(b)such differences as there are between their work are not of practical importance in relation to the terms of their work.
(3)So on a comparison of one person's work with another's for the purposes of subsection (2), it is necessary to have regard to—
(a)the frequency with which differences between their work occur in practice, and
(b)the nature and extent of the differences.
(4)A's work is rated as equivalent to B's work if a job evaluation study—
(a)gives an equal value to A's job and B's job in terms of the demands made on a worker, or
(b)would give an equal value to A's job and B's job in those terms were the evaluation not made on a sex-specific system.
(5)A system is sex-specific if, for the purposes of one or more of the demands made on a worker, it sets values for men different from those it sets for women.
(6)A's work is of equal value to B's work if it is—
(a)neither like B's work nor rated as equivalent to B's work, but
(b)nevertheless equal to B's work in terms of the demands made on A by reference to factors such as effort, skill and decision-making.
Cases considering section 65 22
[2026] EWCA Civ 580 · 12 May 2026Interprets
Section 65 defines equal work by reference to like work, work rated as equivalent, and work of equal value. The appeal concerned the meaning of work in the equal-value limb. (see paras [10], [122]-[123])
Section 65(1) supplied the three statutory routes to equal work. The Court’s analysis focused on how work is identified for an equal-value assessment. (see paras [10], [122]-[139])
Section 65(6) concerns work equal in the demands made on the employee, including effort, skill and decision-making. The Court held that the wage/work bargain and objective training materials may evidence those demands. (see paras [10], [35], [122]-[139])
[2020] EWCA Civ 1075 · 14 August 2020Defines
Defines equal work through like work, work rated equivalent and work of equal value. The court treated proof of equal work as the essential starting point and kept the rated-equivalent and equal-value routes distinct. (see paras [20]; [54]-[57])
Applies the rated-equivalent route to the Hay job evaluation study. The study established a claim basis only from the relevant present period and had no retrospective effect. (see paras [36]; [39]; [56])
Applies the separate equal-value route. The court noted that equal value could be proved factually before February 2015, but the tribunal had made no sufficient finding establishing it at an earlier date. (see paras [56]-[57])
Applies the definition of work rated equivalent where a job evaluation study gives equal value in terms of the demands made on a worker. The court treated the study as prospective, not retrospective. (see paras [20]; [39]; [56])
Defines equal value by reference to demands such as effort, skill and decision-making. The court identified this as distinct from the rated-equivalent route but found no adequate earlier finding on it. (see paras [20]; [56]-[57])
[2026] EAT 33 · 26 February 2026
The provision formed part of the framework for determining whether work is of equal value. At stage 2, the Tribunal’s role is to determine the facts of the work, not evaluate its value. (see para [13])
Section 65(6) supplies the equal-value concept. The EAT applied it in holding that stage 2 must establish facts about the work, while evaluation comes later; it also rejected deferral of those facts to the final hearing. (see paras [13]-[14]; [40]-[44])
2 more judgments, and what each says about section 65, are in the
case-law panel in the full Act.
220.This section sets out when the work of two people, whose work is being compared, is taken to be equal so that an equality clause or equality rule can operate. For work to be equal, a claimant must establish that he or she is doing like work, work rated as equivalent or work of equal value to a comparator’s work. The section also sets out the factors which determine whether a person’s work is within one of these categories. The fact that a discriminatory job evaluation study has been carried out which gives different values to the work of men and women is not an obstacle to the operation of an equality clause if an evaluation that set the same values for men and women would have found the jobs to be of equal value.
221.This section is designed to replicate the substance of definitions contained in the Equal Pay Act 1970.