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.