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Pothecary Witham Weld and another v Bullimore and another

This report relates to 1 case(s)

sex discrimination | victimisation | burden of proof

The Employment Appeal Tribunal (EAT) has said that the Court of Appeal ruling in Oyarce v Cheshire County Council [2008] IRLR 653 CA, where it was held that the reversal of the burden of proof is not applicable in race victimisation cases, does not apply to sex discrimination claims.

In discrimination cases, the usual approach for an employment tribunal is that, where the complainant proves facts from which the tribunal could conclude that the respondent has committed a discriminatory act, it should uphold the complaint unless the respondent provides an adequate non-discriminatory explanation for the treatment.