Basking in the dog days of summer, Ian Smith gets his teeth into recent case law involving bad blood, hearsay & a disappearing witness
- Case one deals with discrimination law, the burden of proof and the drawing of inferences.
- Case two relates to case management and equal pay.
- Case three is on the topic of costs: the relevance of judicial mediation and assessment.
- And case four demonstrates that there is no general requirement of corroboration of evidence in an ET.
As we await the publication of the new government’s promised Employment Rights Bill, the dog days of the fag end of the summer produced four cases worth considering. The first is a potentially important reconsideration of the case law on the burden of proof and the drawing of inferences in discrimination cases. This is followed by three quite short cases on aspects of employment tribunal (ET) procedure which all make precise but significant points.
Discrimination law
Unsurprisingly, the application of the Equality Act 2010, s 136 on the statutory reversal of proof has given rise
