when a person "treats another
less favourably than he treats or
would treat "another person (a
women or a person from a
different racial group).
Discrimination claim is based
upon the comparator principle.
So it will be pivoted around the
hypothetical fellow employee
who is in same position as the
applicant, but who is of a
different gender or race etc. This
means that a person will have to
prove that they have been
harassed in breach of the
statutory legislation and prove
that it is a direct result of their
sex, age disability etc. Applicants
will have to establish that they
belong to one of these
categories and if claiming direct
discrimination, that they were
discriminated because they fell
into that category.