
Your comparator must be of the opposite sex who is employed in the same establishment. This means the same physical location or a place where the employer applies the same common terms.
The claimant and the comparator must be employed by the same employer, or an associated employer. Where there are no common terms, but the claimant and comparator are employed by the same employer who decides pay, they can use the comparator because the employer is a single source. In exceptional cases comparators employed by a different employer can be used if the inequality in pay comes from a single source such as a piece of legislation that is binding on both employers. The claimant and the comparator have to be employed at the same time at some point usually within the last 5 years.
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