Williams v HM Prison Service EAT/1236/00

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.