Igen v Wong [2005] ICR 9311

When an employee has provided evidence of discrimination the burden of proof moves to the employer to prove that the treatment was not on the grounds of discrimination.

Case facts

Two stages of proving discrimination.


Conclusion for me

Once an employee has established a prima facie case of discrimination by showing that there is prima facie evidence to the effect that he/she has been treated less favourably than a relevant comparator the burden of proof transfers to the employer. If he is to escape liability the employer must then prove on the balance of probabilities that the less favourable treatment complained of was not on the grounds of race.


Updated: 3rd May, 2021
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