||All England Reporter
|| All ER (D) 253 (Apr)
|| EWCA Civ 544
||Court of Appeal, Civil Division
Simon Brown, Dyson and Scott Baker LJJ
||Brian Langstaff QC (instructed by Whittles) for the employee.
||Tom Linden (instructed by the Solicitor for the Engineering Employers' Federation) for the employer.
||15 April 2003
Discrimination - Sex discrimination - Employment - Discrimination against a woman - Burden of proof - s 1(3).
In an indirect discrimination case the burden of proving disproportionate adverse impact lay on the complainant and merely to raise a credible suggestion that, were the relevant (valid and significant) statistics provided, those might establish disproportionate impact was not sufficient for the employee's purposes and imposed no further burden of explanation upon the employer.
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