Introduction
Tribunal fees - what happens now?Burden of proof in discrimination cases if the Claimant were to show that four out of five employees in the same team received a bonus and the one who didn’t was the only female in the team, she will have shown facts from which the tribunal could infer that there had been discrimination and the burden of proof would then shift to the Respondent to show that discrimination had not occurred;
If the Claimant’s evidence was that out of the team, some women received a bonus and others did not, she is less likely to be able to show facts from which sex discrimination could be inferred and her case may fall at the first hurdle:
The burden of proving there was no discrimination would never pass to the Respondent.
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The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.