Can I be my own comparator?

[dc32]

Just a quick question. I was shortlisted and interviewed for an internal role and was given a high score on the shortlisting forms. I wasn't successful, but my score was as high as those who did get the position, and I would have got the position if either of them had turned it down.

Later, when my employer had become aware of my disability, I applied for a very similar role with identical criteria, and I scored much lower than the previous application when my application was pretty much identical.

Can I list as my comparator myself before the disability was known?

Thanks.

[ULA]

When did both interviews take place and in what context are you now trying to be your own comparator?

[dc32]

There was no interview for the second one since I wasn't even shortlisted. The second application for employment was a couple of years after the first, after the employer became aware of my disability, whereas the first one was from before they were aware of the disability. I was shortlisted and interviewed for the first role. Both happened after 2010.

The comparator I want to use is myself, but from before the disability was known. The shortlisting was supposed to be completely based on the written application, and the criteria for the roles were mostly identical word for word. It was on the identical criteria that I was scored much lower on my second application.The only significant difference between the two applications was that one was submitted by someone not known to be disabled and the later one was submitted by a known disabled person, and both happened to be the same person.

Can I do that?

Thanks.

[ULA]

You need to state when both these events happened that is when did you apply and get interviewed for the first job and when did you apply and not get shortlisted for the second job. After 2010 is not specific enough.

I presume that both events were with the same employer?

Are you still employed with that employer?

[dc32]

One happened around two years after the other. They were with the same employer with the same criteria for the two roles, on which I scored much lower on the later application when I had submitted essentially the same written application. I am not still employed with the employer.

In general, can someone be their own comparator, or is there a reason that the comparator would have to be a different person (though with the same circumstances)?

The tribunal will obviously have their own opinion about the specifics of the case, but I am asking about whether this is completely unheard of or unsupported by the law.

Thanks.