(1)This section applies for the purposes of this Chapter.
(2)If A is employed, B is a comparator if subsection [F81(3), (4), (4A) or (4B)F81] 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).
[F82 (4A)This subsection applies if a single body—
(a)is responsible for setting or continuing the terms on which A and B are employed, and
(b)is in a position to ensure equal treatment between A and B in respect of such terms.
(4B)This subsection applies if the terms on which A and B are employed are governed by the same collective agreement.F82]
(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.
[F83 (10) In subsection (4B) “collective agreement” has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 178 of that Act ). F83]
275.This section sets out the circumstances in which employees and others are taken to be comparators for the purposes of Chapter 3. A person who claims the benefit of a sex equality clause or sex equality rule must be able to show that his or her work is equal to that of the chosen comparator. The application of Article 157 of the Treaty on the Functioning of the European Union, which has direct effect, will ensure that existing case law on the breadth of possible comparisons is carried forward, so that, for example, in relevant circumstances the concept of a comparator will include a predecessor doing the same job.
276.If two persons share the same employer and work at the same establishment, each may be a comparator for the other.
277.If two persons work at different establishments but share the same employer and common terms and conditions of employment apply, each may be a comparator for the other.
278.A person can also be a comparator for another in either of the above circumstances if one is employed by a company associated with the other’s employer. Subsection (9) defines when employers are taken to be associated.
279.A person holding a personal or public office may be a comparator for another person holding a personal or public office if the same person is responsible for paying both of them.
280.A person holding the office of constable is treated for the purposes of Chapter 3 as holding a personal office for the purpose of determining who can be that person’s comparator.
281.The section also defines when staff of the Houses of Parliament may be taken to be each other’s comparators.
282.These provisions generally reflect the effect of provisions in previous legislation.