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Harassment: Actual or hypothetical comparator required in harassment cases

This report relates to 1 case(s)

Key points

In Brumfitt v Ministry of Defence and another, the EAT holds:

  • In all cases of direct sex discrimination, including sexual harassment, a male comparator, whether actual or hypothetical, is required. This is consistent with case law and EU law, prior to the implementation of the Amending Equal Treatment Directive 2002/73/EC in October 2005, which introduces a definition of sexual harassment that does not require a comparator.