Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
Recent cases show tribunals increasingly willing to look beyond named comparators and examine wider workplace patterns. A ‘clean sheet’ interview process will not always shield employers if bias is alleged earlier.
As one ruling confirmed, poor treatment alone is not enough—but inconsistent treatment can be powerful evidence. The lesson for employers is blunt: keep detailed records and expect scrutiny.
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Legal News
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Discrimination
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Employment
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Disciplinary&grievance procedures
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Equality
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