Part 9Enforcement
Chapter 5Miscellaneous
I1136Burden of proof
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 .