Can Clerical Employees use Manual Workers as Comparators in Equal Pay Claims
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June 23, 2010 — employmentlawatlawsonwest
If an employee wishes to make an Equal Pay Claim, the employee has to find a
comparator doing work of equal value who is being paid more or is entitled to
better terms and conditions. Employers can still pay employees doing work of
equal value differently, providing the justification for doing so is not
discriminatory. Usually comparators for clerical workers are other clerical
workers and comparators for manual workers, such as caterers or domestic staff,
are other manual workers such as refuse collectors or gardeners.
A recent Employment Appeal Tribunal confirmed that administrative, technical,
professional and clerical employees can use manual workers as comparators. In
City of Edinburgh v Wilkinson & others, a group of female employees employed in
schools, hostels, libraries and social work brought an Equal Pay Claim using
mostly male manual workers in jobs such as refuse collectors, gardeners,
gravediggers and roadworkers, who could earn bonuses not available to the
clerical employees.
The employer argued the mostly male manual workers were not valid comparators
because they were not employed at the same place or under common terms and
conditions. The Employment Appeal Tribunal held that:-
- The employer was a single establishment for pay purposes;
- There were common terms and conditions between the clerical and manual
workers, even if they were not employed at the same establishment;
- Establishment need not be the same geographical location and a broad
approach is required when determining the issue of same employment.
Therefore the clerical employers were allowed to use manual workers as
comparators.
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