Discrimination

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.