Section 136 Burden of proofI1

England, Wales and Scotland

(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 .

Annotations

Textual amendments

F1: Words in s. 136(6)(e) substituted (E.W.) (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 19(3); S.I. 2021/373, art. 8(j)(xxxiii)
F2: Words in s. 136(6)(f) substituted (S.) (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018 (S.S.I. 2018/4), reg. 1(1), sch. 2 para. 4(3)

Commencement

I1: S. 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)