[2005] EWCA Civ 142, Court of Appeal on 18th February 2005, reported at [2005] ICR 931, CA (also reported at [2005] IRLR 258)
BASIC POSITION

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In this case the Court of Appeal provided a 13 point guidance list of how the burden of proof rules in discrimination cases should be applied, approving with slight amendments a list previously set out by the EAT (in Barton v Investec Henderson Crosthwaite Securities Ltd EAT 2003 ICR 1205, on 3rd April 2003).

The case was heard along with appeals against the EAT decision in Webster v Brunel University, EAT 2004 (employer's appeal allowed) and Chamberlin Solicitors and anor v Emokpae EAT 2004 (employer's appeal also allowed)

For relevant general notes see Sex discrimination/burden of proof and Racial discrimination/burden of proof .


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prepared Feb2005.