HOW TO WIN A DIRECT DISCRIMINATION CASE - …

HOW TO WIN A DIRECT DISCRIMINATION case Suzanne Staunton, guildhall Chambers 1. It is well known that DIRECT DISCRIMINATION cases are extremely difficult to win if you are acting for the However, on occasions, they can also be tricky for Respondents. 2. This guide explores the practical tactical techniques that you can utilise to assist you to win a DIRECT DISCRIMINATION case , whichever party you are acting for. 3. A (very) brief outline of the law Whilst the burden is on the Claimant to prove facts from which a tribunal could conclude that there has been unlawful DISCRIMINATION and the burden of proof then shifts on to the Respondent to prove there was no DISCRIMINATION , whether conscious or sub-conscious, (see: of the Equality Act 2010; Igen v Wong [2005] ICR 9311 CA; and Hewage v Grampian Health Board [2010] ICR 1054 SC), often, the Employment Tribunal will look at whether in the fact the acts alleged occurr

HOW TO WIN A DIRECT DISCRIMINATION CASE Suzanne Staunton, Guildhall Chambers 1. It is well known that direct discrimination cases are extremely difficult to win if you are acting for

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