Equality Act 2010

136Burden of proofE+W+S

This section has no associated Explanatory Notes

(1)This section applies to any proceedings relating to a contravention of this Act.

(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.

(3)But subsection (2) does not apply if A shows that A did not contravene the provision.

(4)The reference to a contravention of this Act includes a reference to a breach of an equality clause or rule.

(5)This section does not apply to proceedings for an offence under this Act.

(6)A reference to the court includes a reference to—

(a)an employment tribunal;

(b)the Asylum and Immigration Tribunal;

(c)the Special Immigration Appeals Commission;

(d)the First-tier Tribunal;

(e)the Special Educational Needs Tribunal for Wales;

(f)an Additional Support Needs Tribunal for Scotland.

Annotations: Help about Annotation

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 136 wholly in force; s. 136 not in force at Royal Assent see s. 216; s. 136(1)-(5)(6)(a)-(e) in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(g) (with art. 15, and subject to transitional provision in art. 7); s. 136(6)(f) in force at 18.3.2011 by S.I. 2010/2317, art. 3(c) (with art. 15, and subject to transitional provision in art. 7)