Employment

The points made by the Court of Appeal about the effect of s 63A(2) of the Sex Discrimination Act 1975 and s 54A(2) of the Race Discrimination Act 1976 in Igen Ltd v Wong [2005] IRLR 258 and Madarassy v Nomura International plc [2007] IRLR 246 could not be more clearly expressed, and there was no need for any further guidance. Furthermore, as Underhill J pointed out in Martin v Devonshires Solicitors [2011] All ER (D) 345 (Mar), it was important not to make too much of the role of the burden of proof provisions. They would require careful attention where there was room for doubt as to the facts necessary to establish discrimination. But they had nothing to offer where the tribunal was in a position to make positive findings on the evidence one way or the other.