- Burden of proof is on claimant initially in discrimination claims (Ayodele v Citylink)
- Original news
- What is the impact of this judgment?
- What is the relevant background law?
- What were the facts?
- What did the employment tribunal and EAT decide?
- What did the Court of Appeal decide?
- Case details
Employment analysis: In claims under the Equality Act 2010 the burden of proof is on the claimant initially to prove facts which could establish that an act of discrimination has occurred. The decision of the EAT in Efobi, that there was no such burden on the claimant, was wrong and should not be followed, according to the Court of Appeal.
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