Equality Act 2010

Supplementary E+W+S

79 Comparators E+W+S

(1) This section applies for the purposes of this Chapter.

(2) If A is employed, B is a comparator if subsection [F1 (3), (4), (4A) or (4B)] 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).

[F2 (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.]

(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.

[F3 (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).]

Textual Amendments

F1 Words in s. 79(2) substituted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 5(2)

F2 S. 79(4A)(4B) inserted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 5(3)

F3 S. 79(10) inserted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 5(4)

80 Interpretation and exceptions E+W+S

(1) This section applies for the purposes of this Chapter.

(2) The terms of a person's work are—

(a) if the person is employed, the terms of the person's employment that are in the person's contract of employment, contract of apprenticeship or contract to do work personally;

(b) if the person holds a personal or public office, the terms of the person's appointment to the office.

(3) If work is not done at an establishment, it is to be treated as done at the establishment with which it has the closest connection.

(4) A person (P) is the responsible person in relation to another person if—

(a) P is the other's employer;

(b) P is responsible for paying remuneration in respect of a personal or public office that the other holds.

(5) A job evaluation study is a study undertaken with a view to evaluating, in terms of the demands made on a person by reference to factors such as effort, skill and decision-making, the jobs to be done—

(a) by some or all of the workers in an undertaking or group of undertakings, or

(b) in the case of the armed forces, by some or all of the members of the armed forces.

(6) In the case of Crown employment, the reference in subsection (5)(a) to an undertaking is to be construed in accordance with section 191(4) of the Employment Rights Act 1996.

F4 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Schedule 7 (exceptions) has effect.

Textual Amendments

F4 S. 80(7) omitted (13.3.2014) by virtue of The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 35(3)

Commencement Information

I1 S. 80 wholly in force; s. 80 not in force at Royal Assent see s. 216; s. 80(8) in force for certain purposes at 4.8.2010 by S.I. 2010/1966, art. 2; s. 80 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(5)(e) (with art. 15)