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Sex discrimination: Appropriate comparator in discrimination complaint by homosexual

This report relates to 1 case(s)

A lesbian was the appropriate comparator of a gay man who complained that he had been discriminated against on the ground of his sex by being subjected to homophobic abuse, holds the Court of Appeal in Smith v Gardner Merchant Ltd [1998] IRLR 510. Homosexuality as such was the relevant circumstance in his case which had to remain the same in the case of his female comparator.