header-logo header-logo

Discrimination

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

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

FOIL—Bridget Tatham

FOIL—Bridget Tatham

Forum of Insurance Lawyers elects president for 2026

Gibson Dunn—Robbie Sinclair

Gibson Dunn—Robbie Sinclair

Partner joinslabour and employment practice in London

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

NEWS
Solicitors are installing panic buttons and thumb print scanners due to ‘systemic and rising’ intimidation including death and arson threats from clients
Ministers’ decision to scrap plans for their Labour manifesto pledge of day one protection from unfair dismissal was entirely predictable, employment lawyers have said
Cryptocurrency is reshaping financial remedy cases, warns Robert Webster of Maguire Family Law in NLJ this week. Digital assets—concealable, volatile and hard to trace—are fuelling suspicions of hidden wealth, yet Form E still lacks a section for crypto-disclosure
NLJ columnist Stephen Gold surveys a flurry of procedural reforms in his latest 'Civil way' column
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
back-to-top-scroll