Keywords: Equal pay — equal value; Equal pay — comparators.
In order to establish whether claimants can compare their terms to their chosen comparators, it needs to be determined whether common terms apply for each class of employee regardless of which establishment they are employed at. This test can be satisfied whether common terms apply generally, ie for all employees, or for employees within the relevant class. It is correct to use a hypothetical analysis, however unfeasible the working arrangements would be in reality, to answer the question of whether the terms apply irrespective of where the employee works.
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