Grewal v Commissioner of Police for the Metropolis - Burden of proof cannot shift on basis of difference in treatment alone [2011] EAT

In discrimination cases Tribunal decisions must be "Meek-compliant" clearly setting out the primary facts from which any inference of discrimination is drawn. Establishing a difference in status and treatment, whilst indicating a possibility of discrimination, will not without more be sufficient to shift the burden of proof to the Respondent.

Mrs Grewal, who was of Indian origin and Sikh religion joined the Metropolitan Police. Her police training did not go smoothly; in particular two of the course instructors (including a PC Rigby) considered that she had difficulties with her officer safety training (OST). Mrs Grewal felt that she was being treated unfairly and made an internal complaint. The matter was investigated and after a meeting was held with Mrs Grewal, PC Rigby and two other officers,  the complaint was not upheld.

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