“Burden of Proof” in Employment Tribunal Claims
Igen v Wong 2005 ICR 337: The Court of Appeal set out 13 practical guidance points as to how the “shifting of the burden of proof” rules in discrimination cases should be applied.
In practice, these ‘guidance points’ are to apply a two stage test from which:
(a) The employee ‘has to prove facts’ from which the conclusion could be drawn that the employer has committed an unlawful act of discrimination;
(b) If the employee ‘has proved facts’ from which conclusions could be drawn that the employer has treated the employee “less favourably”, then the burden of proof shifts to the employer that the treatment was in no sense on the grounds of a protected characteristic.