Cheshire and Wirral Partnership NHS Trust v Abbott and others - burden of proof in indirect sex discrimintation cases.

The burden of proving indirect sex discrimination lies on the person asserting its existence. However, the Employment Tribunal has to provide a safeguard and is under an obligation to ensure that the statistics provided by the parties are valid and not fortuitous, and to ensure that the employee does not identify a comparator group that is artificial and limited.

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