Equal pay legislation allows an employee to be paid the same as a comparator of the opposite sex. It cannot be used to support a claim for higher pay, however justified.
A female speech therapist successfully established that her work was equal to that of a less experienced but more highly qualified clinical psychologist, and that she was therefore entitled to equal pay. (The case also established that she was entitled to the same pay rises.)
She then tried to claim higher pay on the grounds that additional payments will be paid to him for his future service. As she had already served that time, she was entitled to the pay he will receive when he has worked for the same length. The Court of Appeal dismissed the claim. Under equal pay law, a claimant must accept the comparator as he is.
Enderby v Frenchay Health Authority. CA [2000]
[2000]