EAT on 14th November 2003
NOTES
Cunningham v Quedos Ltd (1) and John Wyeth and Brother Ltd (2) EAT on 14th November 2003, case no UKEAT/0298/03/TM
The full text of this judgment is available free of charge on the EAT website.
Authority for the proposition that:-once an employee has established a prima facie case of sex discrimination the burden of proof transfers to the employer. From then on the employer is "guilty until proved innocent" - this is the effect of the Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001, SI 2001/2660. To escape liability once an employee has established a prima facie case of sex discrimination the employer must prove on the balance of probabilities that the less favourable treatment complained of was not on grounds of sex
For relevant general notes see Pregnancy/rejection of job applicant because of pregnancy and/or Sex discrimination/burden of proof
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prepared March2004.