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The evidential burden to show justification in discrimination claims (Pitcher v University of Oxford, University of Oxford v Ewart)

Published on: 13 October 2021
Published by: LexisPSL
  • The evidential burden to show justification in discrimination claims (Pitcher v University of Oxford, University of Oxford v Ewart)
  • What are the practical implications of this judgment?
  • What is the relevant background?
  • Background law
  • Background facts
  • The decision of the Bedeau employment tribunal in Pitcher
  • The decision of the Anstis employment tribunal in Ewart
  • What did the EAT decide?
  • Case details

Article summary

Employment analysis: When an employer is seeking to establish objective justification of a policy that is prima facie discriminatory (ie demonstrate that it was a proportionate means of achieving a legitimate aim), evidence is generally required (rather than mere assertion). However some matters will be so obvious that they will barely require evidence, and some evidence may be hard to come by (particularly soon after the implementation of the policy), and an employment tribunal should not require evidence from an employer which it cannot reasonably be expected to produce, according to the Employment Appeal Tribunal (EAT). or take a trial to read the full analysis.

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