Geographical Extent: The first date in the timeline will usually be the earliest date when the provision came into force. No changes have been applied to the text. (3)     But subsection (2) does not apply if A shows that A did not contravene the provision. (c)the Special Immigration Appeals Commission; (e)the Special Educational Needs Tribunal for Wales; (f)[F1the First-tier Tribunal for Scotland Health and Education Chamber] . S136 requires the Tribunal to consider all the evidence, from all sources, at the end of the hearing so as to decide whether or not there are facts, from which in the absence of an explanation, it could conclude that there had been discrimination. For more information see the EUR-Lex public statement on re-use. (3)But subsection (2) does not apply if A shows that A did not contravene the provision. 3(c) (with art. The Schedules you have selected contains over 200 provisions and might take some time to download. For further information see ‘Frequently Asked Questions’. 200 provisions and might take some time to download. 3611 0 obj <> endobj Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. It is of note that the explanatory notes referred to in the Preamble of the Act state that “…the burden of proving his or her case starts with the claimant. Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Prior to the advent of the Equality Act 2010 the burden of proof under the earlier legislation was stated by the Court of Appeal in Igen v Wong [2005] EWCA Civ 142. Act you have selected contains over (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. It was further acknowledged that this was not the way that the burden of proof had been understood in cases starting with Igen v Wong but the statutory provisions under consideration in those cases were worded differently to the Equality Act 2010. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts. Indicates the geographical area that this provision applies to. (5)This section does not apply to proceedings for an offence under this Act. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. Burden of Proof under the Equality Act 2010 and Adverse Inferences, Magdalen Chambers are again ranked as a leading set by the Legal 500, Accessibility and Disability Action Information. In Efobi there was very little evidence adduced before the Tribunal as to the race and national origins of the successful candidates and the Respondent had not called, as witnesses, any of the staff who made decisions in relation to Claimant’s application for promotion. (2)      If a court is willing to draw such inferences they may go to strengthen the evidence adduced on that issue by the other party or to weaken the evidence, if any, adduced by the party who might reasonably have been expected to call the witness. without Schedules you have selected contains over The Whole (4)The reference to a contravention of this Act includes a reference to a breach of an equality clause or rule. endstream endobj startxref The reference to a contravention of this Act includes a reference to a breach of an equality clause or rule. (4)       If the reason for the witness’s absence or silence satisfies the court then no such adverse inference may be drawn. In Wisniewski, a clinical negligence case in which the Senior House Officer on call did not give evidence, Brooke LJ derived the following principles in relation to inferences: (1)       In certain circumstances a court may be entitled to draw adverse inferences from the absence or silence of a witness who might be expected to have material evidence to give on an issue in an action. The requirement of s136(2) of the Equality Act 2010 is central to the necessity of the questionnaire procedure: “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, … 2 para. endstream endobj 3612 0 obj <. The Equality Act also requires regard to socioeconomic factors including pregnancy - /maternity and marriage/civil partnership. You long time to run. Act Return to the latest available version by using the controls above in the What Version box. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. 7); s. 136(6)(f) in force at 18.3.2011 by S.I. 15, and subject to transitional provision in art. (3)       There must, however, have been some evidence, however weak, adduced by the former on the matter in question before the court is entitled to draw the desired inference: in other words, there must be a case to answer on that issue. Revised legislation carried on this site may not be fully up to date. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. If that initial burden was established by the Claimant, the legislation then required the Respondent to show that unlawful discrimination had not occurred. Whole provisions yet to be inserted into this Act (including any effects on those provisions): (1)This section applies to any proceedings relating to a contravention of this Act. This section has no associated Explanatory Notes. The Equality Act 2010 specifically recognises the protected characteristicsof age, disability, gender, race, religion or belief, sexual orientation and transgender. Act 2(1)(9)(g) (with art. 0 To rectify the law and deal with challenges relating to discrimination while also promoting equality and creating a fairer society which ascertains equal protection for all, the Equality Act 2010 Was brought in to strengthen the effectiveness of the legal framework in Britain, thus enhancing levels of security in conjunction with the protected characteristics contained within the act. h�b```�,�2B cb��>#���������cZ���-L�L��� dVdX�Ao_"�UC����B��X����ZΗ vq_!z�EZ@~�F��kN+��tx���pRl��\�Y�l�⢤�і�4��;��u�y��,&�Xc��gkb4s��)3�D��n�2���n&$$�D[�m��Q���$�u��#�N�E+�x�t�`�h�h���h�`���`��hh�`� � J @y �` ��@ `*h` bf f�A��������6a�Q�������XU�LwD_�(�1�0lbtn��Zq��T�A��|};_�Y�w�`ap8��� Z��&����f`V ���@Z��a'7X�� �Z��q� ��� � ��)