Burden of proof and race discrimination: when does it apply?

• Authors:
• Kim Pattullo
• Sheila Gunn
• Blair Adams

The Court of Appeal has confirmed in Oyarce v. Cheshire CC (2008) that the reverse burden of proof applies in cases of direct and indirect race discrimination and racial harassment only and does not apply to claims of victimisation under the Race Relations Act.

Background

In claims of race discrimination and racial harassment, once the claimant has proved certain elements of their case, the burden shifts to the respondent to provide a non-discriminatory explanation for what has occurred. ... (176 more words)

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