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London Borough of Camden v Miah - hypothetical comparators and the burden of proof

Mr Miah was made redundant having been placed in a pool of one. He claimed that he had suffered race discrimination and victimisation, and an employment tribunal found in his favour. The tribunal assumed a hypothetical comparator of a different race but did not then consider how that comparator might have been treated, Instead it assumed from the existence of that comparator that the burden of proof had passed to Camden - and was not discharged. 

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