Article 66A Burden of proof: county courtF1

Northern Ireland

(1)

This Article applies to any claim brought under Article 66(1) in a county court.

(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—

(F2a)

has committed an act of discrimination or harassment against the claimant which is unlawful by virtue of—

(i)

Article 30, 31 or 32, or

(ii)

any other provision of Part IV so far as it applies to vocational training, or

(b)

is by virtue of Article 42 and 43 to be treated as having committed such an act of discriminationF3 or harassment against the claimant,F4 or

(c)

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

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.

Annotations

Textual amendments

F1: SR 2001/282
F2: Art. 66A(2)(a) substituted (6.4.2008) by Sex Discrimination (Amendment of Legislation) Regulations 2008 (S.I. 2008/963), regs. 1(1), 2(2), Sch. 2 para. 17 (with reg. 5(1))
F3: SR 2005/426
F4: Art. 66A(2)(c) and preceding word inserted (31.3.2011) by Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/156), reg. 9

Notes on the whole Order

Textual amendments

F1: function transf. by SR 1999/481