Part 2Equality: key concepts

Chapter 2Prohibited conduct

Discrimination: supplementary

23Comparison by reference to circumstances

1

On a comparison of cases for the purposes of section 13, 14, or 19 there must be no material difference between the circumstances relating to each case.

2

The circumstances relating to a case include a person's abilities if—

a

on a comparison for the purposes of section 13, the protected characteristic is disability;

b

on a comparison for the purposes of section 14, one of the protected characteristics in the combination is disability.

3

If the protected characteristic is sexual orientation, the fact that one person (whether or not the person referred to as B) is a civil partner while another is married is not a material difference between the circumstances relating to each case.