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9 August 2010
Employment appeal tribunal
In determining whether the terms of a claimant's contract of employment are less favourable than those of a comparator, each term must be looked at individually rather than viewing the terms as a whole. So even if overall a claimant's pay is more than that of a comparator, if individual terms such as overtime are less favourable, then the equality clause has the effect of modifying the less favourable terms so as to be not less favourable - subject to the ‘material factor' defence.
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