What does “in the same employment” mean? 


A woman has to identify a man “in the same employment” doing equal work in order to bring a claim. Section 79, EA 10 says that a woman can compare herself with a man employed:


• by the same or an associated employer at the same establishment or workplace; or 


• by the same or an associated employer at a different establishment or workplace, where common terms and conditions generally apply (for example, where there is a collective agreement covering both workplaces).


There is no definition of “establishment”, but it is not restricted to a single physical location (EHRC Code). In City of Edinburgh Council v Wilkinson [2012] IRLR 202, the Court of Sessions held that “establishment” broadly meant whether they had the same place of work. 


Under EU law, comparisons can be made between different employers, as long as there is a single source capable of rectifying discriminatory pay differences. See Beddoes v Birmingham City Council [2010] UKEAT 0056/10/0905 and Glasgow City Council v UNISON [2014] IRLR 532). 


Limited liability partnerships (LLPs) are “companies” for the purposes of equal pay. This was decided in Glasgow City Council v UNISON [2014] IRLR 532 and means that employees working for LLPs and doing work that used to be carried out by the council are entitled to name as comparators male council employees.