This case highlights the importance of choosing the right comparator in equality cases, whether in an employment or equal status situation. The complainant had sought to go back to her previous hours of work, having changed them previously, to suit her changing domestic requirements but the respondent said it could not accommodate the change to the shift pattern. The complainant sought to challenge this decision on the basis that it discriminated against her on the family status ground.

The Labour Court noted that it was the Complainant’s contention that the reason her request to transfer was not facilitated was because of her family status. In response to a question from the Court the Complainant confirmed that Ms X had the same family status as she had.

This, of course, ended her claim. As the Labour Court concluded, "In Equality law it is necessary to ground a claim of discrimination by pointing to how another person not having the protected characteristic relied upon was, is, or would be treated in a comparable situation. The Complainant in this case citied Ms X as her comparator however in line with the definition of family status as set out in the Act Ms X has the same family status as the Complainant and therefore her claim [could not] succeed."
https://www.workplacerelations.ie/en/Cases/2019/February/EDA194.html