The need for a comparator

The test for direct discrimination is comparative. It is about comparing the treatment received by the person with the protected characteristic, to treatment received by a person without the protected characteristic (known as the comparator), and then taking action to remove any less favourable treatment which is occurring because of the protected characteristic.

A comparator does not have to be an actual person, but can be hypothetical, as long as there is no material difference between the situation of the comparator and that of the individual claiming to have suffered discrimination, apart from the presence of the protected characteristic.