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11.—(1) Article 31 (enforcement, remedies and procedures) is amended as follows.
(2) In paragraph (1)—
(a)in sub-paragraph (a), after “him” insert “, or subjected him to harassment,”, and
(b)in sub-paragraphs (b) and (c), for “discriminated against him in such a way” substitute “done so”.
(3) After paragraph (1) insert—
“(1A) Where—
(a)a claim is brought under paragraph (1), and
(b)the claimant proves facts from which the court could, apart from this paragraph, conclude in the absence of an adequate explanation that the defendant has acted in a way which is unlawful under this Chapter,
the court shall uphold the claim unless the defendant proves that he did not so act.”.
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