Last updateTue, 24 Feb 2015 5pm

AGE DISCRIMINATION: Spot the difference

04 March 2016  

Jennifer McGrandle analyses a recent EAT decision on who the correct comparator is when seeking to demonstrate less favourable treatment

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 of the ‘but for’ test when assessing whether there has been less favourable treatment on the grounds of the relevant protected characteristic.

Additional Info

  • Case(s) Referenced:

    Cross v British Airways [2005] UKEAT/0572/04

    Donkor v The Royal Bank of Scotland [2015] UKEAT/0162/15

    Redcar and Cleveland Borough Council v Bainbridge [2006] UKEAT/0135/06

    Seldon v Clarkson Wright & Jakes [2012] UKSC 16

    Woodcock v Cumbria Primary Care Trust [2012] EWCA Civ 330