The Supreme Court held in the case Hewage v Grampian Health Board that it is not necessary for comparator’s situation in discrimination claims to be precisely the same.

What does this mean?

It is not necessary for an individual claiming discrimination to show that the circumstances are the same as that of a comparator. It is a question of fact and degree if there is enough evidence to prove that they are indeed comparable.

What should employers do?

Employers should in any case treat all employees fairly and consistently.