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