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7 January 2011
Court of Sessions
Lady Paton; Lord Hardie; Lord Abernethy
Equal pay claimants may compare their terms of employment with other employees who are in the same employment. Two employees are in the same employment if they have the same employer and are employed at the same establishment; or at different establishments at which common terms of employment apply either generally or for the relevant categories of employees. Common terms apply if, were the comparator employed at the same establishment as the Claimant, the comparator would retain the same terms of employment.
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