Ayodele v Citylink Ltd & anor [2017]

Posted In: Case Law
  • Case Reference
    EWCA Civ 1913
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Discrimination and Equality, Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: s.136 Equality Act 2010; Burden of Proof; Prima Facie Case; Shift of Burden

The Court of Appeal has held the burden of proof showing a prima facie case of discrimination under s.136 Equality Act 2010 in GB remains on the claimant.

The claimant originated from Nigeria. He brought several claims before the Tribunal including a claim of race discrimination. The Tribunal held the claimant failed to establish a prima facie case and therefore the burden of proof had not transferred to the respondent.

The EAT dismissed his appeal. The claimant brought a new ground of appeal before the Court of Appeal stating the Tribunal had made a significant error in applying the burden of proof under s.136. The claimant alleged the Tribunal had misdirected itself by finding the onus

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This article is correct at 30/11/2017

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