Burden of proof
Case 10: The facts
Kuldip Dhesi claimed that he had been treated unequally, and that it was for his employers to prove that the treatment was not on the grounds of his race.
The EAT held that a tribunal could not infer race discrimination solely on the basis that there was unfair treatment and that Dhesi was Indian. It had to find evidence that the unequal treatment was on the grounds of race, so that there was at least a prima facie case of racial bias. It could then go on to infer discrimination.
Since the tribunal had not found any such evidence, there could be no shift in the burden of proof from the employee to the employer.
However, Dhesi's claim for victimisation under the Race Relations Act succeeded, as his employer had not heard his grievance because he had issued a claim.
Glasgow City Council v Dhesi EATS/0027/04