header-logo header-logo

28 July 2021
Issue: 7943 / Categories: Legal News , Employment , Discrimination
printer mail-detail

Supreme Court clarifies burden of proof

A change in the wording of equality legislation has not altered the burden of proof in discrimination claims, the Supreme Court has unanimously held
Royal Mail Group v Efobi [2021] UKSC 33 concerned an employee, Efobi’s claim for race discrimination in relation to job applications for IT and management roles and harassment based on race, as well as subsequent victimisation for bringing his claim.

Efobi asserted the tribunal had applied the wrong burden of proof to his claim because the Equality Act 2010 made a substantive change in the law to be applied.

Specifically, s 54A(2) of the Race Relations Act 1976 states discrimination or harassment occurs ‘where…the complainant proves facts’ whereas s 136(2) of the Equality Act 2010 states discrimination or harassment occurred ‘if there are facts from which the court could decide…’.

The Supreme Court considered this question of burden of proof and whether adverse inferences could be drawn from Royal Mail’s decision not to call witnesses who had actually dealt with Efobi’s job applications.

In a judgment handed down last week, however, the court dismissed Efobi’s appeal, concluding the change in the language used in the Equality Act ‘has not made any substantive change in the law’.

Jeremy Coy, senior associate at Russell-Cooke, said the decision would ‘come as a relief for employers’.

‘It is not enough for someone to merely assert that they have been discriminated against,’ he said.

‘It’s a general principle of civil law that claimants must provide evidence that shows, on the balance of probabilities, that their allegations are well founded. This decision reinstates the initial understanding of the burden of proof in discrimination cases.

‘A claimant must first show facts that would tend to show discrimination had occurred and it will then be for an employer to provide evidence to show otherwise.’

Issue: 7943 / Categories: Legal News , Employment , Discrimination
printer mail-details

MOVERS & SHAKERS

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

NEWS
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
Artificial intelligence does not demand a wholesale rewrite of liability law, argues an article challenging claims that new technology has created an accountability gap
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
back-to-top-scroll