Article 63A Burden of proof: industrial tribunalsF1

Northern Ireland

(1)

This Article applies to any complaint presented under Article 63 to an industrial tribunal.

(2)

Where, on the hearing of the complaint, the complainant proves facts from which the tribunal could, apart from this Article, conclude in the absence of an adequate explanation that the respondent—

(a)

has committed an act of discriminationF2 or harassment against the complainant which is unlawful by virtue of Part III, or

(b)

is by virtue of Article 42 or 43 to be treated as having committed such an act of discrimination or harassment against the complainant,F3 or

(c)

has contravened Article 40 or 41 in relation to an act which is unlawful by virtue of Part III,

the tribunal shall uphold the complaint 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.

Annotations

Textual amendments

F1: SR 2001/282
F2: SR 2005/426
F3: Art. 63A(2)(c) and preceding word inserted (31.3.2011) by Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/156), reg. 7

Notes on the whole Order

Textual amendments

F1: function transf. by SR 1999/481