In Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting the Court of Appeal holds that an employment tribunal should have constructed a hypothetical comparator against which to consider whether there was evidence to support an inference that the complainant's treatment had been tainted with race discrimination. And the EAT holds in Williams v H M Prison Service that there is no additional duty on a tribunal to construct and consider the position of a hypothetical comparator.
The Court of Appeal in Apelogun-Gabriels v London Borough of Lambeth holds that there is no general principle that it will be just and equitable to extend time for bringing a tribunal claim where the applicant is using the employer's internal grievance procedure.
In Commissioners of Inland Revenue v Morgan (6 February 2002), the EAT criticises an employment tribunal for finding that there was "institutionalised" racism in the Revenue's solicitors' department.
In South Ayrshire Council v Morton, the Inner House of the Court of Session holds that a teacher could compare her pay with an employee in another local authority for the purposes of an equal pay claim.
In Morgan v Staffordshire University the EAT holds that an employment tribunal was entitled to find that an employee did not have a mental impairment within the meaning of the Disability Discrimination Act 1995.
In Chief Constable of West Yorkshire Police v Vento, the EAT upholds an appeal against an employment tribunal's manifestly excessive awards of £165,000 for future loss of earnings, and £65,000 for injury to feelings (which included £15,000 aggravated damages) to a former probationer police officer who suffered unlawful sex discrimination.