The Employment Appeal Tribunal has held that the employment tribunal had gone too far in finding that a witness had lied about his knowledge of the claimant's age and misapplied the reversal of the burden of proof that applies in discrimination cases.
In Canadian Imperial Bank of Commerce v Beck EAT/0141/10, the EAT held that the employment tribunal was entitled to find that, notwithstanding the inherently unlikely nature of an age discrimination claim on the facts, the employer's deliberate use of the word "younger" in a person specification, contrary to expert advice, was sufficient to shift the burden of proof to the employer.
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