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7 October 2009
Employment Appeal Tribunal
Claimants in equal pay claims may use as comparators those who are in the ‘same employment'. This case concerns the meaning of ‘same employment'.
Section 1(6) Equal Pay Act 1970 (now s79(4) Equality Act 2010) provides that two employees are in the same employment if they are employed by the same employer at the same establishment; or at different establishments but common terms of employment apply, either generally or as between the Claimants and the comparators at the establishments.
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