Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting [2002] IRLR 288 CA

Reports relating to this case:

  • Race discrimination: When to construct hypothetical comparator

    Date:
    15 June 2002

    In Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting the Court of Appeal holds that an employment tribunal should have constructed a hypothetical comparator against which to consider whether there was evidence to support an inference that the complainant's treatment had been tainted with race discrimination. And the EAT holds in Williams v H M Prison Service that there is no additional duty on a tribunal to construct and consider the position of a hypothetical comparator.

  • Hypothetical comparator required

    Date:
    1 April 2002

    In Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health (6 December 2001), the Court of Appeal rules that where there is no actual comparator for a discrimination complainant to compare their treatment with, the tribunal must construct a hypothetical comparator.