Guide: Comparators

The Employment Equality (Age) Regulations 2006 – Guide 9: Comparators in discrimination cases

Bringing a case under discrimination law depends on demonstrating that a person has been treated less favourably than another person or group of people. Although the Regulations envisage comparison between the age group of the complainant and other age groups, they provide no guidance on how to define age groups. This TAEN guide describes the difficulties this lack of guidance may cause.

The guide covers the importance of relevant comparator groups in discrimination case law and explains the difference between direct and hypothetical comparators. It also covers the use of age groups in public policy to set thresholds for different treatment and the potential for challenges to the legitimacy of this practice.

To access the guide, click here