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Back to the Future: Burden of Proof Requirement Restored

28 November 2017 #Discrimination

Only in August 2017 we reported on the case of Efobi v Royal Mail in which the Employment Appeal Tribunal (EAT) reversed the long standing legal position that in discrimination cases claimants must show an inference of discrimination before the burden of proof shifts to the employer.

Now in Ayodele v Citylink, the Court of Appeal has overruled the EAT and restored the obligation on the employee to have the initial burden of proof. The Court did not believe that the wording of the Equality Act sought to change the law; it was simply “tidying up” the legislation to make it clear that all evidence should be considered.

Employers will welcome the restoration of the burden of proof as a barrier against meritless claims, particularly in light of the recent abolition of tribunal fees.


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Louise Merrell

Louise Merrell

E: lmerrell@clarkslegal.com
T: 020 7539 8082
M: 0779 900 7325