Burden of proof – county court
27. After Article 40 of the Fair Employment and Treatment Order insert –
“Burden of proof: county court
40A.—(1) This Article applies where a claim is brought under Article 40 and the claim is that the respondent –
(a)has committed an act of discrimination which is unlawful by virtue of any provision referred to in Article 3(2B)(b), or Part V in its application to that provision, or
(b)has committed an act of harassment which is unlawful by virtue of Article 27(1A).
(2) Where on the hearing of the claim, the claimant proves facts from which the court could, apart from this Article, conclude in the absence of an adequate explanation that the respondent –
(a)has committed such an act of discrimination or harassment against the claimant, or
(b)is by virtue of Article 35 or 36 to be treated as having committed such an act of discrimination or harassment against the claimant,
the court shall uphold the claim unless the respondent proves that he did not commit or, as the case may be, is not to be treated as having committed, that act.”.