Daniel Wise reviews the burden of proof test in discrimination claims
Andrea Madarassy was recently unsuccessful in her application to the Court of Appeal in Madarassy v Nomura International Plc [2007] EWCA Civ 33, [2007] All ER (D) 226 (Jan) but she has expressed a desire to appeal to the House of Lords. The Court of Appeal took the opportunity to address the issue of applying the burden of proof test in discrimination cases. However, this may not be the end of the story.
While Lord Justice Mummery’s judgment does not add to or alter the Court of Appeal guidance in Wong v Igen Ltd [2005] EWCA Civ 142, [2005] 3 All ER 812, his application of the burden of proof rules provides some useful insights into the interpretation of the Sex Discrimination Act 1975 (SDA 1975), s 63A(2).
REDUNDANCY
Madarassy commenced employment with Nomura International plc in January 2000 as a senior banker in the equity capital markets team. Her employment was terminated less than two years later on 22 November 2001.
The principal elements of her claim related to the
