136Burden of proofE+W+S
(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.
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