header-logo header-logo

22 January 2009 / Peter Hungerford-welch
Issue: 7353 / Categories: Case law , Discrimination , Law digest , Human rights
printer mail-detail

Discrimination

Syed v Wightlink (Guernsey) Ltd [2009] All ER (D) 38 (Jan)

Regarding the reverse burden of proof in is 54A of the Race Relations Act 1976, it is clear from Igen Limited v Wong [2005] IRLR 258, [2004] All ER (D) 152 (May) that, at stage 1 it must be assumed that the respondent is unable to provide an adequate explanation. The respondent’s explanation must be considered at stage 2, after the burden of proof has shifted.

That does not mean that, on factual issues, the respondent’s evidence should be disregarded at stage 1. If, having heard all the evidence, the tribunal rejects the claimant’s necessary case on primary facts, then the claim fails at that point.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll