Tim Russell Tim Russell - Employment Law Consultant  
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Case of the Month
12/2017
Burden of Proof
There has been some confusion, since the Equality Act of 2010, as to where the burden of proof lies for a claimant complaining about discrimination by, eg, their employer. In the CA case of Avodele v Citilink it has been confirmed that once (and only once) a claimant has proved facts from which an inference of discrimination could be drawn does the burden of proof "shift" from the claimant to the respondent who must then, in such circumstances, show, on a balance of probabilities that the explanation for the conduct complained of is an innocent one.
 
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