LRD guides and handbook March 2019

Employment tribunals - a guide for union reps and workers

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Chapter 5

Standard of proof

[ch 5: page 29]

The standard of proof that operates in an employment tribunal is the “balance of probabilities”. If an employment tribunal can conclude that it is “more probable than not” that one party’s explanation is true, that party will succeed. If it cannot say one way or another, the party who has the burden of proof will fail. This is a much lower standard than that in a criminal trial which is “beyond reasonable doubt”.


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