“Burden of Proof” in Employment Tribunal Claims

It is incumbent upon you to articulate that the ‘burden of proof’ is on you to prove that on the balance of probabilities harassment, discrimination or victimisation has occurred.

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.

We have created the following webpages free of charge to assist you in drafting your grievance letter to your employer, including the steps to take before you submit your grievance letter, and furthermore, how to write a grievance letter for bullying, harassment and discrimination:

  • Don’t use AI to write your grievance letter to your employer.
  • 15 Steps to take before you write a grievance letter to your employer.
  • 20 Tips on writing a grievance letter to your employer.
  • Free grievance letter example for work-related stress, bullying and harassment, and discrimination, which you can send to your employer.

It is important to note as per Igen v Wong that:

(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’ then the burden of proof shifts to the employer.

In the authority of Madarassy v Nomura International Plc [2007] EWCA Civ 33 (26 January 2007) the Supreme Court made the following observations regarding the ‘burden of proof’ at paragraph 12:

“I do not underestimate the significance of the burden of proof in discrimination cases. There is probably no other area of the civil law in which the burden of proof plays a larger part than in discrimination cases. It is for the complainant to prove the facts from which, the employment tribunal could conclude, in the absence of an adequate explanation, that the respondent committed an unlawful act of discrimination.”

Remember, you don’t have to be alone in going through your employment dispute with your employer. We took our own employers to the Employment Tribunal and know what you are going through. If you feel you need assistance writing your grievance letter Amy & I can write your grievance letter for you.

We only charge £35 for an initial telephone consultation up to one hour. During the initial consultation, we can talk through your employment situation, provide guidance, and support you from beginning to end.

Amy & I can assist you in avoiding the pitfalls that employees often make and help you understand the psychology behind the grievance process so that you get the upper hand. Remember, you only get one chance to get this right, so make sure you do just that!

Go on, don’t hesitate, pick up the phone and call us 07775943414 (9-5 UK) or email us at: myrightsuk@protonmail.com

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Amy & I can write you a custom grievance letter for any of the following employment issues:

Reach out to us on 07775943414 (9-5 UK) or email us – myrightsuk@protonmail.com

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