Where the burden of proof lies in discrimination claims

Employment tribunals have, over the course of many years, adopted a two-stage approach to discrimination claims. First, it must assess whether the claimant has established facts from which it could decide on balance, in the absence of any other explanation, that the employer has been guilty of discrimination. If it does so, it goes on to the second stage, in which the employer has the opportunity to show that there was another innocent explanation for their conduct.