Religious discrimination: Material differences in relevant circumstances prevent "like-with-like" comparison
This report relates to 1 case(s)
The Fair Employment Tribunal erred in holding that a sergeant in the RUC had been unlawfully discriminated against on grounds of religious belief, holds the Court of Appeal in Northern Ireland in Chief Constable of the Royal Ulster Constabulary and another v Sergeant A  NI 261. There were material differences in the relevant circumstances of both the sergeant and his chosen comparator to prevent a finding of less favourable treatment. "Relevant circumstances" are those upon which a reasonable person would place some weight in determining how to treat another.