Equality Act 2010

136Burden of proofE+W+S

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(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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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)