This is a preview. To continue reading please log in or Register to read this article

Guidance on proving discrimination

This report relates to 1 case(s)

In Shamoon v Chief Constable of the Royal Ulster Constabulary (27 February 2003), the House of Lords holds that an employee is subjected to a "detriment" for the purposes of discrimination law if a reasonable employee might feel they have been placed at a disadvantage with regard to the circumstances in which they work. The House of Lords also suggests that in most cases the correct comparator for determining whether an applicant has been treated less favourably on a prohibited ground is a hypothetical, rather than actual, comparator.