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Secretary of State for Work & Pensions (Jobcentre Plus) v McCarthy - tribunal's approach on burden of proof was not perverse

It would be adopting far too technical an approach to say that a tribunal had failed to correctly apply the reverse burden of proof in a discrimination case simply because it considered a hypothetical comparator when assessing the Respondent's explanation (the second stage of the Igen v Wong test) rather than the Claimant's allegations (the first stage).

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