Here is an important Supreme Court ruling on burdon of proof. In summary, the claimant must be able to convince a judge that they had suffered detriment due to a protected characteristic. If a claimant is unable to demonstrate the link between detrimant and the protected characteristic, the claim will not proceed. If they can demonstrate the link, burdon of proof switches to the employer to proove that discrimination had not occurred (decisions were not motivated by the protected characteristic).

Here is a link to the People Management summary of the Royal Mail Group Ltd v Efobi [SC 2021]

 https://www.peoplemanagement.co.uk/news/articles/claimants-alleging-discrimination-must-provide-evidence-employment-tribunal-supreme-court-rules?utm_source=mc&utm_medium=email&utm_content=PM_daily_28072021.Claimants+alleging+discrimination+must+provide+evidence+at+an+employment+tribunal%2c+Supreme+Court+rules&utm_campaign=7295441&utm_term=3241074#gref

 

You need to be a member of DPG Community to add comments!

Join DPG Community

Email me when people reply –

Members

Click here to see a full list of members including our Facilitators.

Did you know that if you go to the list of members, the Members Online button will show you who is online right now? Why not say hello?

CIPD Branch Events

Did you know your local CIPD branch will put on relevant events that are free to CIPD members.

Take a look for your local branch here and what events are happening. Remember attending these events are great CPD evidence.

CIPD Branch Event Search