The Court of Appeal has held that in a claim for equal pay an employee is entitled to receive equal terms.
What does this mean?
When deciding an equal pay claim the Employment Tribunal will compare each individual term of the employment contracts which relates to remuneration. The fact that a female employee may be paid more than a male comparator overall, when all elements are totalled, is not relevant.
What should employers do?
Employers should ensure that female and male employees receive comparable pay in terms of basic and overtime pay unless there is a genuine material reason for a difference.