Part 9Enforcement
Chapter 5Miscellaneous
136Burden of proof
(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 F1Education Tribunal for Wales;
(f)
F2the First-tier Tribunal for Scotland Health and Education Chamber .