Spot the Difference

March 15, 2016

Jennifer McGrandle analyses a recent EAT decision on who the correct comparator is when seeking to demonstrate less favourable treatment in the March issue of Employment Law Journal.

A recent case on direct age discrimination provides useful guidance on how to identify whether there are material differences between the claimant and the chosen comparators such that the comparators cannot be relied upon to establish less favourable treatment. The decision Donkor v The Royal Bank of Scotland [2015], also acts as a reminder for the 'but for' test when assessing whether there has been less favourable treatment on the grounds of the relevant protected characteristic.

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