According to the ACAS website:
'By law, men and women must get equal pay for doing 'equal work' (work with equal pay law classes as the same similar, or equivalent or of equal value). This means that someone must not get less pay compared to someone who is both the opposite sex doing equal work for the same employer.
Take an example where an employer uses the term 'gender' and not 'sex' in their Equality Policy.
What happens in a case where the comparator is between work done between a woman and a trans woman (without a GRC)?
Does the trans woman's sex 'male' or self identified 'female' take precedence?
Assuming if it is the latter the person couldn't be used as a comparator. However, if it is the first what is the situation? Is the company's Equality policy unfit for purpose?
Everything I have found on the web relates to 'sex' equality but not much more. If anyone has any other information that would be great.