Equal pay – “same employment” test

In North and others v Dumfries and Galloway Council, the Supreme Court has handed down a decision regarding what constitutes “same employment” for an equal pay case. It held that, in a situation where female employees were based at schools and male council employees were based at other locations, the comparison did not require there to be a “real possibility” of the comparators doing the same or broadly similar jobs at the location where the Claimants were working. The Supreme Court held that it was sufficient that they would have broadly similar terms and conditions. This interpretation is consistent with European law which gives effect to the principle of equal pay where the difference in treatment can be attributed to a “single source” which is capable of rectifying any pay inequality.