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HR buddies

The Covent Garden HR Buddies is an initiative facilitated by Clarkslegal to offer the London HR community the opportunity to meet with like-minded peers, attend relevant seminars and workshops and boost your knowhow of the issues specific to this sector.
 
It’s free and open to anyone interested in HR. It sets its own agenda, so it can be purely social or facilitate presentations to help prevent HR problems for companies in the London area. So if you want to network face to face contact buddy@clarkslegal.com. Click here for further details about our next HR Buddies event.  

If, alternatively, you wish to network online with other HR professionals, then using the discussion forum below, is your ideal opportunity to do so.

Please feel free to post new queries or questions, and/or reply to ones already posted. All you have to do is register a few details, then you will be ready to post your thoughts.

You can post a new query by selecting the tab "new thread". To reply to a post, select that post and then choose the "reply" tab.
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  Discussions  Buddy's question time  Equal pay...
 Equal pay
 
Kate_Atkinson
99 posts
Joined
1/4/2006
Equal pay
Posted: 04 Apr 06 9:09 AM Modified By Kate_Atkinson on 4/4/2006 9:54:39 AM)

This week Buddy was asked: can an employee use a comparator who was not employed at the same time as her for the purposes of bringing an equal pay claim?
Kate_Atkinson
99 posts
Joined
1/4/2006
Re: Equal pay
Posted: 10 Apr 06 10:19 AM Modified By Kate_Atkinson on 4/10/2006 10:19:54 AM)

Buddy says: Yes, case law confirms that an employee can use a comparator who was employed as either her predecessor or successor, even though reading the Equal pay Act seems to suggest that the comparator must have been employed at the same time.

Employer information: Although there is no legal reason why such a comparator cannot be used, using a comparator that was not employed at the same time can in practice pose evidential difficulties, especially where there has been a long passage of time between the periods of employment of the claimant and the comparator. Pay scales, the nature of the work and working conditions can change over time making it difficult for the claimant to prove that the pay difference was due to gender.
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