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Burden of Proof

."Burden of Proof" in Employment Tribunal Claims

Igen v Wong 2005 ICR 337: The Court of Appeal set out 13 practical guidance points as to how the "shifting of the burden of proof" rules in discrimination cases should be applied.

In practice, these 'guidance points' are to apply a two stage test from which:

(a) The employee [has to prove facts] from which the conclusion could be drawn that the employer has committed an unlawful act of discrimination
(b) [If] the employee [has proved facts] from which conclusions could be drawn that the employer has treated the employee "less favourably", [then] the burden of proof shifts to the employer that the treatment was in no sense on the grounds of a protected characteristic.

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Disclaimer

The author of this web site and sub-domains accepts no liability arising from the use of, or any part of, or reliance on the information contained within this web site, and its respective pages or downloads, opinions expressed verbally via telephone or otherwise. The content is not intended to be legal advice, and you should not rely upon it in any respect to any specific situation you may be facing. Therefore, the content of this web site will serve as a good springboard to get professional legal advice from a solicitor.