Shift in the burden of proof

Case 11: The facts

Ms Webster brought a race discrimination claim after overhearing a racially offensive term in her workplace. It was not known whether the person who used the term was employed by Webster's employer.

The ruling

The EAT held that an employer is only liable for acts of discrimination committed by its employees. A tribunal had to decide first whether the person using the term was an employee; if it concluded that s/he was, it should go on to consider whether there had been unfavourable treatment on grounds of race.

The case was sent to a different tribunal for re-hearing.

Webster v Brunel University UKEAT/0730/04