The return of Efobi? The burden of proof in discrimination claims.

In February I made reference to the unfortunate decision of the Court of Appeal in Royal Mail Group Ltd v Efobi [2019] IRLR 352 to overturn the Employment Appeal Tribunal's earlier interpretation of section 136 of the Equality Act 2010 that made it easier decision to establish that the burden of proof at which a … Continue reading The return of Efobi? The burden of proof in discrimination claims.

Direct Discrimination: Burden of Proof

In this third post on direct discrimination I am going to comment on the role of section 136(2) of the Equality Act which provides that when considering a discrimination complaint that If there are facts from which the court could decide, in the absence of any other explanation, that a person (A) contravened the provision … Continue reading Direct Discrimination: Burden of Proof

Direct Discrimination: Reason and Intention

Over the next couple of days I will be posting a four part series on direct discrimination, specifically on the role of intent, causation, proving discrimination and what defences are available. It is not a detailed explanation but an introduction to these four aspects. To someone who has not had personal experience of the legal … Continue reading Direct Discrimination: Reason and Intention