What is Like work/work of equal value?
A Claimant can bring an equal pay claim under section 66 of the Equality Act 2010 if he or she is employed under a contract personally to do work. Under such circumstances, a Claimant is entitled to contractual terms that are as favourable as those of a comparator in the same employment of the other gender, if they are employed on equal work (which includes like work) or work of equal value.
Two jobs involve “like work” if it is the same or broadly similar and any differences are of no practical importance in relation to the terms of their work. In assessing whether a job involves “like work”, the Tribunal undertakes a two-stage analysis: (i) whether, on a general consideration of the type of work done and the skill and knowledge needed, the work is the same or broadly similar; and (ii) on a more detailed consideration of the work done, are any differences of practical importance in relation to the terms and conditions of employment?
Work is of equal value if it is not “like work” but is nevertheless equal in terms of the demands made on the Claimant and her comparator, by reference to factors such as effort, skill and decision-making. A Claimant may also argue that her work is of greater value than her comparator. Often, in an equal value claim, the Tribunal will appoint an independent expert to prepare a report to assist the Tribunal in determining whether the two roles are of equal value.
In equal pay claims, a Claimant often argues that the two jobs involve “like work” or is, in the alternative, of equal value. However, these claims may only be brought in the alternative.
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