Cloisters’ barristers Ed Williams and Tom Coghlin review the legal and practical tools available to prove or disprove discrimination


This talk looks at the legal and practical tools available to employment lawyers to prove or disprove direct discrimination and harassment, exploring in particular three areas:

a) How judges apply the burden of proof s136(2)(3) EA 2010

b) What is the role of Comparators in light of the Supreme Court decision of Hewage v Grampian Health Board[2012] ICR 1054, SC

c) What role does knowledge of the protected characteristic now play in the light of IPC Media Ltd v Millar[2013] IRLR 707

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