EMPLOYMENT AND DISCRIMINATION LAW 2009-10 Essay

EMPLOYMENT AND DISCRIMINATION LAW 2009-10 - Essay ExampleThe test for slight favourable treatment is intelligiblyly an objective one and the question that is to be asked is whether the complainant would have been inured differently more favourably had it not been for his sex. Thus, the tourist court must ask what the conscious or subconscious mind reason for treating the claimant less favourably was (Nagarajan v. London Regional Transport)1. The decision of less favourable treatment is for the tribunal to decide and it is not a difficult one.In order to determine less favourable treatment, a comparison with an actual or hypothetical comparator is to be made, however it is necessary that the relevant circumstances of the complainant and the comparative group are equal or not materially different. Thus, in Shamoon v foreman Constable of the Royal Ulster Constabulary2, it was stated thatFrom s.63A and Igen v Wong3 it is clear that the evidential loading to show facts from which Employment courtyard can conclude that the employer has committed an act of discrimination and if such burden is met then the legal burden shifts to the employer who has to show that the reason for the treatment was not related in any way with claimants sex. Thus, if an curt explanation is provided the Employment Tribunal must fina that the employer committed an act of unlawful discrimination.In the current scenario it is kind of evident that Graham has received less favourable treatment on the ground of his sex and this is clear from what has been said by IRU in their reason for rejecting Graham. Furthermore, if a hypothetical comparator is drawn then in the same circumstances a woman would have received more favourable treatment and thus aspire discrimination is established.The remedies that might be available to Graham are a recommendation that IRU should take performance so as to reduce the effect of the discrimination. Further, he could receive compensation which could in clude pecuniary losses if any and injury to feelings.For the