Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting [2002] IRLR 288 CA
Reports relating to this case:
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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.
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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.
