To discriminate is to make a distinction in favour of or against a person or thing.
Discrimination between employees involves an employer deliberately treating an employee, or a group of employees, less favourably its other employees.
The element of intent is central to establishing discrimination. To discriminate requires a conscious decision to make a distinction.
Discrimination in this context is not limited to direct discrimination and could encompass indirect discrimination. Indirect discrimination is conduct that is ‘facially neutral’ but may nevertheless amount to, or result in, less favourable treatment.
Determining whether an employer has discriminated between an employee and other employees requires a comparative test between the applicant and another employee who acted in the same way as the employee in question.