Sexual orientation discrimination: Tribunal identifies wrong hypothetical comparator

Governing Body of Sutton Oak Church of England Primary School and others v Whittaker EAT/0211/18

sexual orientation discrimination | direct discrimination | hypothetical comparators

In Governing Body of Sutton Oak Church of England Primary School and others v Whittaker, the Employment Appeal Tribunal (EAT) held that an employment tribunal failed to identify an appropriate hypothetical comparator when deciding that a gay teacher's dismissal for inappropriate meetings with a pupil constituted sexual orientation discrimination.