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Race discrimination: Proper approach to selecting appropriate comparator in determining victimisation complaints

This report relates to 1 case(s)

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    Chief Constable of West Yorkshire Police and others v Khan [2000] IRLR 324 CA (2 other reports)

    • Victimisation comparator

      Date:
      1 September 2000

      In Chief Constable of West Yorkshire Police and others v Khan (24 February 2000) EOR93A, the Court of Appeal has ruled that the appropriate comparison to determine whether a person alleging victimisation has been treated less favourably than in those circumstances the discriminator would treat other persons is with the way in which other employees would normally be treated.

    • Appropriate comparator defined

      Date:
      1 June 2000

      The Court of Appeal in Chief Constable of West Yorkshire Police v Khan has held that in order to determine whether a person alleging victimisation has been treated less favourably than in those circumstances the discriminator would treat other persons, the appropriate comparison is with the way in which other employees would normally be treated.

To identify the appropriate comparator of a police sergeant in relation to whom a reference was not provided by his employer, it was necessary to compare the manner in which other officers in relation to whom a reference was requested would normally be treated with the way in which he was treated, holds the Court of Appeal in Chief Constable of West Yorkshire Police and others v Khan 24.2.00 Court of Appeal. It would not have been correct to compare the sergeant's treatment with that of others who had brought proceedings against the employer. The request for a reference, rather than the reason why it was not provided, was the relevant circumstance in finding the comparator.