Representation:

Establishing facts is fundamental. If an employee who has raised a discrimination-related grievance is subsequently dismissed for an ostensibly unrelated disciplinary matter, an Employment Tribunal should not strike out claims by the employee without considering the implications of the "reverse burden of proof" provisions of the anti-discrimination legislation.

Editor's note: The Court of Appeal in this case upheld and extended a restricted reporting order to preserve the anonymity of the parties, who are identified as follows:

• A: the female claimant;
  
• B: A's former employer, a higher and further education institution;
  
• C: the male principal of B.

For relevant general notes see Equality Act 2010/burden of proof and/or Procedure of Employment Tribunals/striking out