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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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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