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Burden of proof in discrimination case - Efobi v Royal Mail Group Ltd [EAT] 10.08.17 (Unreported)

The Equality Act 2010 s.136(2) did not put any initial burden of proof on a claimant. Instead, it required the tribunal to consider all the evidence, from all sources, at the end of the hearing, so as to decide whether there were "facts from which [it] could decide, in the absence of any other explanation" that the respondent had discriminated against the claimant. It might therefore be misleading to refer to a shifting of the burden of proof, as that implied, contrary to the language of s.136(2), that Parliament had required a claimant to prove something.

http://www.bailii.org/uk/cases/UKEAT/2017/0203_16_1008.html
Category: Employment » Race discrimination. Keyword(s): Evidence; Burden of proof. Area(s) of law: Employment.

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