Part 5U.K.Work

Modifications etc. (not altering text)

C1Pt. 5 excluded by 2005 c. 4, s. 63(4) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 10(3); S.I. 2013/1725, art. 2(g))

C2Pt. 5 excluded by 2005 c. 4, s. 27(5A)(b) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 9; S.I. 2013/1725, art. 2(g))

C3Pt. 5 excluded (coming into force in accordance with reg. 2(1) of the commencing S.I.) by Wales Act 2017 (c. 4), s. 71(4), Sch. 5 para. 5(4) (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2) [Editorial note: S.I. 2017/1282 was made under 2017 c. 4, Sch. 5 para. 7(1) and comes into force on 12.12.2017]

Chapter 3E+W+SEquality of terms

SupplementaryE+W+S

79ComparatorsE+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