Burden of proof

Laing v Manchester City Council [2006] All ER (D) 452 (Jul) (EAT); NLJ 6 October

The reference to ‘the complainant proves facts’ in s54A(2) of the Race Relations Act 1976 with reference to deciding whether a prima facie case has been made out, does not mean that it is only the facts adduced by the complainant that can be considered. It merely indicates that the burden rests on the complainant to satisfy the tribunal that a prima facie case, sufficient to require an explanation, exists. The onus is on the claimant to show potentially less favourable treatment from which an inference of discrimination may properly be drawn that requires a consideration of all the material facts.