The EAT has handed down its judgment in Home Office v Saunders.
It holds that a tribunal is entitled to find that the correct hypothetical comparator for a female prison officer conducting a rub-down search of a male prisoner was a male prison officer conducting a rub-down search of a female prisoner, despite the fact that a male prison officer was not permitted to carry out such a search.
In doing so, the EAT rejected the argument that the correct comparator was a male officer conducting a rub-down search of a male (not female) prisoner. In coming to this decision, the EAT relied heavily on policy arguments that care must be taken not to approach comparator issues in a way that will defeat the purpose of the legislation, which is to eliminate discrimination against women on the ground of their sex throughout employment.
Home Office v Saunders