Burden of Proof in discrimination claims in the Employment Tribunal – Ayodele v Citylink [2017] EWCA Civ 1913

The Claimant again bears an initial burden of proof in discrimination cases.

In the last newsletter we reported on the case of Efobi v Royal Mail Group UKEAT/023/16, UKEAT/0203/16, a case decided by the Employment Appeal Tribunal, which had turned on its head many years of settled law on the burden of proof in discrimination claims.

Well, Efobi turned out to be short lived, and the Court of Appeal in the case of Ayodele has decided that the “interpretation placed on section 136 by the EAT in Efobi is wrong and should not be followed”.

To be clear, a Claimant in a discrimination claim in the Employment Tribunal must prove facts from which an inference of discrimination could be drawn before the burden of proof shifts to the employer to provide a non-discriminatory explanation.

Basically the law as it has been all along until the temporary blip created by Efobi.

The judgment in Ayodele can be found here.

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