585. What amounts to a 'personal characteristic'.

It is not always easy to establish1 whether a difference in treatment is based on a 'personal characteristic', a test that the House of Lords has described as 'elusive'2. The House of Lords has held that a 'personal characteristic' cannot be defined by the very difference in treatment of which the person complained, but that the existence of a personal characteristic must depend on who the person in question is rather than what he has done