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Divorcing director not subject to marital discrimination following dismissal by husband

Updated: Jan 17, 2023

The Claimant was a company director and married to the majority shareholder. During acrimonious divorce proceedings, her husband dismissed her and subjected her to various detriments.

On first hearing, the tribunal held that she had been subjected to marital discrimination.

However, the employment appeal tribunal overturned the decision as the wrong hypothetical comparator had been used. Instead of focusing on the fact that the Claimant was married, the appropriate comparator should have been someone in a close relationship with the shareholder but who was not married. As the Claimant was no longer in a close relationship, she had not been discriminated against.



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