Less favourable treatment

Less favourable treatment is a term common to the discrimination legislation.

Use of the word less suggests a comparison. In order to establish less favourable treatment, a Claimant needs to show that he or she has been less favourably treated in comparison to an actual or hypothetical comparator in broadly comparable circumstances.

Once a Claimant has established a prima facie case of less favourable treatment, it is for the employer to prove that the treatment was not by reason of one of the prohibited grounds ie sex, race, sexual oriuentation, disability etc.

Limitation period

The Limitation period is the time window in which Claimants can bring a Claim before the Employment Tribunal.  In employment matters the limitation periods are far shorter than the County Court and other types of civil claims.

The limitation periods vary depending on the type of Claim you intend to present but are often only three months.  You should seek expert advice as to the limitation period for your Claim, as it is only possible to extend the limitation period in certain circumstances.