Section 79 — Equality Act 2010: Comparators

Comparators 79 1 This section applies for the purposes of this Chapter.

2 If A is employed, B is a comparator if subsection (3), (4), (4A) or (4B) applies.

3 This subsection applies if—

a B is employed by A's employer or by an associate of A's employer, and b A and B work at the same establishment.

4 This subsection applies if—

a B is employed by A's employer or an associate of A's employer, b B works at an establishment other than the one at which A works, and c common terms apply at the establishments (either generally or as between A and B). 4A This subsection applies if a single body—

a is responsible for setting or continuing the terms on which A and B are employed, and b is in a position to ensure equal treatment between A and B in respect of such terms. 4B This subsection applies if the terms on which A and B are employed are governed by the same collective agreement.

5 If A holds a personal or public office, B is a comparator if—

a B holds a personal or public office, and b the person responsible for paying A is also responsible for paying B.

6 If A is a relevant member of the House of Commons staff, B is a comparator if—

a B is employed by the person who is A's employer under subsection (6) of section 195 of the Employment Rights Act 1996, or b if subsection (7) of that section applies in A's case, B is employed by the person who is A's employer under that subsection.

7 If A is a relevant member of the House of Lords staff, B is a comparator if B is also a relevant member of the House of Lords staff.

8 Section 42 does not apply to this Chapter; accordingly, for the purposes of this Chapter only, holding the office of constable is to be treated as holding a personal office.

9 For the purposes of this section, employers are associated if—

a one is a company of which the other (directly or indirectly) has control, or b both are companies of which a third person (directly or indirectly) has control.

10 In subsection (4B) “ collective agreement ” has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 178 of that Act).