EAT A claim was made for sex discrimination. The tribunal considered the approach to be taken in the absence of a real comparator.
Held: The tribunal had been correct to construct an hypothetical comparator. from how the employers treated actual unidentical, but not wholly dissimilar, cases.
‘Where there is no evidence as to the treatment of an actual male comparator whose position is wholly akin to the applicant’s, a tribunal has to construct a picture of how a hypothetical male comparator would have been treated in comparable surrounding circumstances. Inferences will frequently need to be drawn. One permissible way of judging a question such as that is to see how unidentical but not wholly dissimilar cases were treated in relation to other individual cases. It is not required that a minutely exact actual comparator has to be found. If that were the case then isolated cases of discrimination would almost invariably go uncompensated.’
Judges:
The Honourable Mr Justice Lindsay (President)
Citations:
EAT/52/00, [2000] UKEAT 52 – 00 – 0806, [2001] IRLR 124
Links:
Jurisdiction:
England and Wales
Citing:
See also – The Chief Constable of West Yorkshire Police v Vento EAT 19-Oct-2001
EAT Sex Discrimination – Victimisation . .
Cited by:
See also – The Chief Constable of West Yorkshire Police v Vento EAT 19-Oct-2001
EAT Sex Discrimination – Victimisation . .
See also – The Chief Constable of West Yorkshire Police v Vento EAT 4-Dec-2001
EAT Sex Discrimination – Direct . .
See Also – Vento v The Chief Constable of West Yorkshire Police (No 2) CA 20-Dec-2002
The claimant had been awarded damages for sex discrimination, including a sum of andpound;25,000 for injury to feelings. The respondent appealed.
Held: The Court of Appeal looked to see whether there had been an error of law in the employment . .
Cited – Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting CA 6-Dec-2001
The claimant had been struck from the register of nurses after convictions arising from failures of his staff at his nursing home with regard to drug management. He had then brought claims of unlawful race discrimination against the health authority . .
Lists of cited by and citing cases may be incomplete.
Discrimination, Employment
Updated: 16 September 2022; Ref: scu.171468
