Hypothetical comparator required

This report relates to 1 case(s)

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  Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting [2002] IRLR 288 CA (1 other report)

  • 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.