Burden of proof

Case 7: The facts

The Court of Appeal heard three discrimination cases together that set guidance for the new "burden of proof" provisions.

The ruling

The new rules mean that, once a claimant provides evidence of acts that could amount to discrimination, the claim will be upheld unless the employer can provide an adequate explanation that there was another, non-discriminatory reason.

The Court also clarified that the employer must show that the treatment was "in no sense whatsoever" on grounds of sex, race or disability, rather than that it was "not significantly influenced by" sex, race or disability.

Finally, in order to win a discrimination case against their employer following a discriminatory act by an individual, it is for the claimant to show that the individual was employed by the same employer (and therefore someone for whom the employer is vicariously liable) - it is not for the employer to disprove it.

Igen Ltd & others v Wong; Webster v Brunel University; Emezie v Emokpae [2005] EWCA 142