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Hi, I am looking for someone to write an article on employment and discrimination law Paper must be at least 2250 words. Please, no plagiarized work! The test for less favorable treatment is clearly an objective one and the question that is to be asked is whether the complainant would have been treated differently more favorably had it not been for his sex. Thus, the tribunal must ask what the ‘conscious or subconscious reason for treating the claimant less favorably was’ (Nagarajan v. London Regional Transport). The decision of less favorable treatment is for the tribunal to decide and it is not a difficult one.