Liability Risk and Insurance
Case Update
Equal Pay Act 1970 and “same employment” test
The hypothesis of the second limb of the “in the same employment” test in section 1(6) of the Equal Pay Act 1970 was that
the chosen male comparators were to be transferred to do their present jobs in the location where the women claimants worked,
while there was no requirement of any real possibility that such a transfer would occur. The question to be answered was whether
in the event of such a transfer, however unlikely, the comparators would remain employed on the same or broadly similar terms
and conditions to those applicable in their current place of work.