Comparisons
by Sarah
It is well established that in a claim for direct sex discrimination, the Claimant can rely on an actual comparator or a hypothetical one. In Equal Pay it is also equally established that the Claimant must make an actual comparison with a male in order to succeed. The question which recently arose before the EAT was whether in a claim under the Part Time Workers (Less Favourable Treatment) Regulations a Claimant could rely on the sex discrimination type hypothetical comparator.
The EAT in the recent case of Carl v University of Sheffield held that the Claimant must have an actual comparator. This comparator must obviously be a full-time comparator.
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