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McGrath v Ministry of Justice [2015] EAT

ET lay member could not compare himself to an ET judge for purposes Part Time Workers Regulations.

The choice of a comparator in discrimination cases is often a very difficult one. In McGrath v Ministry of Justice, Mr McGrath, an employment tribunal lay member complained that as a part time judicial officer the MoJ excluded him from the judicial pension scheme. He brought a claim under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations and identified as his actual comparator a full time salaried employment judge. 

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