Section 136 — Equality Act 2010: Burden of proof

Burden of proof 136 1 This section applies to any proceedings relating to a contravention of this Act.

2 If there are facts from which the court could decide, in the absence of any other explanation, that a person (A) contravened the provision concerned, the court must hold that the contravention occurred.

3 But subsection (2) does not apply if A shows that A did not contravene the provision.

4 The reference to a contravention of this Act includes a reference to a breach of an equality clause or rule.

5 This section does not apply to proceedings for an offence under this Act.

6 A reference to the court includes a reference to—

a an employment tribunal;

b the Asylum and Immigration Tribunal;

c the Special Immigration Appeals Commission;

d the First-tier Tribunal;

e the Education Tribunal for Wales ;

f the First-tier Tribunal for Scotland Health and Education Chamber .