- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
27. After Article 40 of the Fair Employment and Treatment Order insert –
40A.—(1) This Article applies where a claim is brought under Article 40 and the claim is that the respondent –
(a)has committed an act of discrimination which is unlawful by virtue of any provision referred to in Article 3(2B)(b), or Part V in its application to that provision, or
(b)has committed an act of harassment which is unlawful by virtue of Article 27(1A).
(2) Where on the hearing of the claim, the claimant proves facts from which the court could, apart from this Article, conclude in the absence of an adequate explanation that the respondent –
(a)has committed such an act of discrimination or harassment against the claimant, or
(b)is by virtue of Article 35 or 36 to be treated as having committed such an act of discrimination or harassment against the claimant,
the court shall uphold the claim unless the respondent proves that he did not commit or, as the case may be, is not to be treated as having committed, that act.”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: