Discrimination arising out of a disability, do you need a comparator?

Nick Singer

13 November 2018

Discrimination for something arising out of or as a consequence of a disability?

Do you need to have a comparator in cases like these?

This is the question I put to expert employment law barrister Nick Singer.

Transcript

Hello, my name's Mark Ferron MD of Castle Associates, discrimination arising out the disability now do you need a comparator? Or what is a comparator? These are the questions that I put to employment barrister Nick Singer.

No, the whole point of this area of law is to essentially avoid the need for any comparisons you look at the individual have they been treated unfavourably, if so does that unfavourable treatment or does the unfavourable treatment arise in consequence of their disability. I think having a comparator can probably help in some factual cases but it's not required.

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