Burden Of Proof In Discrimination Cases

Published date09 September 2021
Law FirmTrowers & Hamlins
AuthorMs Emma Burrows and Nicola Ihnatowicz

The Supreme Court has agreed with the Court of Appeal and held that the Employment Appeal Tribunal (EAT) was incorrect to conclude that there is no initial burden of proof on a claimant in a discrimination claim in Royal Mail Group Ltd v Efobi.

Mr Efobi is a black African born in Nigeria. He worked as a postman for Royal Mail Group Ltd but attempted, unsuccessfully, on 33 different occasions to secure an IT-related role. He believed that he had been unsuccessful because of his race and brought a claim for...

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