1. when considering a claim of discrimination based on religion or belief, the burden of proof required by the Employment Equality (Religion or Belief) Regulations 2003 SI 2003/1660 ("the 2003 Regulations") has to be considered by an Employment Tribunal in two stages. Firstly, it is up to the employee (claimant) to prove primary fact(s) from which an inference of unlawful discrimination could be drawn. If this shows a basis for a complaint then the the second stage comes into effect by transferring the burden of proof to the employer to provide an explanation untainted by religion or belief.
   
2. a claimant can only prove a primary fact if it is either admitted by the employer or the employer's evidence on the facts is rejected. If, at the first stage, the employer's evidence is preferred by the Tribunal then the primary facts are not proved.

For relevant general notes see Religious discrimination/new regulations 2003 .