This is a decision that needs to be made carefully. It’s important to consider as many people as possible to ensure you have a strong case for your claim. Remember, there is no limit on the number of comparators you can choose, but your claim will become complicated the more comparators you name.
Note: You cannot point to hypothetical comparators with equal pay claims. You must be able to point to an actual person, otherwise your claim will not be valid. However, if you feel you’re being discriminated against due to your sex, with this being the reason you believe is behind your unequal contractual pay, you can bring a sex discrimination claim without a physical comparator. This is set out under the Equality Act 2010. After you have proved that your work is ‘equal work’ to that of your comparator’s, your employer must substantiate that the reason for unequal pay does not relate to your sex.