Discrimination: Burden of proof finally reversed in direct discrimination claims
This report relates to 1 case(s)
In Igen Ltd & ors v Wong; Chamberlin Solicitors & ors v Emokpae; Brunel University v Webster, the Court of Appeal holds:
- The amendments to the Sex Discrimination Act 1975 and Race Relations Act 1976, in order to implement the Burden of Proof Directive (97/80/EC), require a two-stage process to determine direct discrimination. The first stage requires the complainant to prove facts from which the tribunal could, apart from the statutory amendment, conclude in the absence of an adequate explanation that the respondent has, on a balance of probabilities, committed, or is to be treated as having committed, the unlawful act of discrimination.