Burden of Proof (Social Policy)

  • Created by: Alasdair
  • Created on: 11-11-20 22:48
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  • Burden of Proof (Social Policy)
    • In case law and principles discussed in cases of proving indirect discrimination, especially in relation to indirect discrimination
      • Burden of proof for establishing discrimination shifts at a certain point from employee (claimant) to employer (defendant or respondent)
    • When burden of proof shifts from claimant to respondent
      • Claimant or employee will have to show there is prima facie case of discrimination
        • e.g. there is a difference in treatment between full-time and part-time workers and that women suffer particular disadvantage as result
      • If court accepts existence of discrimination, burden of proof then shifts from claimant to respondent or employer to show that difference in treatment is objectively justified on grounds that do not relate to sex.
      • Approach has been codified in recast Directive (2006/54) at Article 19.


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