The following Employment practice note provides comprehensive and up to date legal information covering:
This Practice Note considers the two-stage statutory burden of proof test which applies to all prohibited conduct (ie discrimination) and equality of terms (ie equal pay) claims under the Equality Act 2010 (EqA 2010), but not to criminal offences.
EqA 2010 prescribes a two-stage process for dealing with the burden of proof. It applies to any proceedings relating to a contravention of EqA 2010, including a breach of an equality clause or rule.
The process does not apply to proceedings for any criminal offence under EqA 2010.
Stage 1—the tribunal must consider if there are facts from which it could decide, in the absence of any other explanation, that a person (A) contravened the provision concerned.
Stage 2—if stage 1 is satisfied, the tribunal must hold that the contravention occurred, unless A shows that A did not contravene the provision.
In Ayodele and Efobi, the Court of Appeal held that in claims under EqA 2010, the burden of proof is on the claimant initially to prove facts which could establish that an act of discrimination has occurred. However, at stage 1 the employment tribunal is required to consider all the evidence, not just the claimant’s evidence, when deciding whether or not there are facts from which facts it could decide, in the absence of any other explanation, that the respondent
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Produced with input from Rebecca Cousin of Slaughter and May on market practice.This Practice Note summarises the rules and guidance in relation to parties who are, or may be presumed to be, acting in concert for the purposes of The City Code on Takeovers and Mergers (the Code). In particular the
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