Mrs Shah feels discriminated against on one of the above grounds. She was treated less favorably at work by being isolated from other members of staff and being spoken to in a condescending manner. Her work was overly criticised, and she felt she was being pushed out of the organisation. Some of her colleagues in the same or similar positions as her have not been treated in this way. Although she feels discriminated against, she feels it would be difficult to prove. After taking legal advice, she discovers that discrimination can be proved by inference. She brings a claim at the employment tribunal for discrimination on one of the above grounds and the case goes to a final hearing.
The employment tribunal holds that there is sufficient circumstantial evidence to suggest she has been discriminated against, including the fact that she has been less favourably treated than another person who did not share the same characteristics as her. Furthermore, her employer failed to show that their treatment of her was due to another, non-discriminatory reason. The case is proved primarily by inference and Mrs Shah is successful. She is awarded compensation representing injury to feelings and another sum of money representing the financial loss she suffered arising from the discrimination.
The employment tribunal holds that there was sufficient circumstantial evidence to suggest she has been discriminated against. However, it goes on to hold the reason for their treatment of her was their manager having bad management skill. Her claim fails.