What evidence is sufficient to establish a prima facie case at Stage One?
The issue of what is sufficient to show a prima facie case at stage one is very important. In Madarassy the Court of Appeal confirmed that it was not enough to establish a prima facie case where there was simply a difference in treatment and a difference of race or sex. The words “could conclude” in Section 63A(2) must mean “a reason a tribunal could properly conclude” from all the evidence before it. In practical terms, it may be enough to establish a stage one case where there is: • The possibility of subjective judgments. • The lack of transparency in treatment. • Inconsistent explanations for treatment. • Errors in questionnaires/further particulars. The burden of proof in Disability Discrimination claim How do the burden of proof provisions operate in disability discrimination cases? In the case of Fowler v. London Borough of WalthamForest UK EAT/0116/06/DM, the employer argued that the Igen test only applied to claims of direct disability discrimination and this submission appear
