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 of the 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). Its meaning has been the subject of recent cases. In City of Edinburgh Council v Wilkinson [2012] IRLR 202, the Court of Sessions held that “establishment” meant largely 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.