In a Direct Discrimination Claim, What is a Comparator and When is it Required?

Posted in : First Tuesday Q&A NI on 6 June 2023
Chris Fullerton
Arthur Cox NI
Issues covered: Direct Discrimination; Comparator

If an employee claims that their employer discriminated directly against them, it must be proven that the treatment was less favourable than the treatment which would be afforded to others due to the employee’s protected characteristic. In order for the tribunal to approach this, a comparator must be utilised.

A comparator is a tool used by the tribunal to compare treatment of the claimant to someone who should be in the same or not materially different circumstances but who does not have the protected characteristic of the claimant. The purpose of employing a comparator is to enable the claimant to show that the reason for their treatment was their protected characteristic and nothing

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Back to Q&A's This article is correct at 06/06/2023
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

View all articles by Chris Fullerton