EAT SEXUAL ORIENTATION DISCRIMINATION/ TRANSEXUALISM
SEX DISCRIMINATION: Burden of proof
The Employment Tribunal did not err in law in considering that the burden of proof shifted to the Respondent to establish a non-discriminatory reason for the treatment complained of. It would be adopting too technical an approach to the question of whether the Respondent treated the Complainant in the manner complained of on grounds of his sexual orientation to hold that the Tribunal was in error in considering how a comparator would have been treated when it evaluated the Respondent’s explanation rather than at the earlier stage of determining whether the burden of proof had shifted to the Respondent.
The Decision of the Tribunal that the Respondent had not established a non-discriminatory reason for the treatment was not perverse.
Judges:
Slade J
Citations:
[2010] UKEAT 0419 – 09 – 0502
Links:
Employment
Updated: 16 August 2022; Ref: scu.406558