Mishriki v West Midlands Health Authority, Court of Appeal (case no A1/1999/1027 on 20th June 2000).
Not reported - transcript available from Smith Bernal on favourable terms to subscribers to this program - ring 020 7421 4038.

(i) in discrimination cases comparison should be made with a real comparator if one exists and a hypothetical comparator should not be used if a real comparator is available;

(ii) a long delay by a judge in handing down judgment (in this case a delay of more than 18 months) is to be deplored but does not mean that the judgment must be overruled.

For relevant genereal notes see Sex discrimination/a general introductory note and Employment Appeal Tribunal/a general note .