Discrimination law claims – Burden of proof

Hewage v Grampian Health Board 2012

In this case, the Claimant, Mrs Hewage (Sri Lankan) complained about bullying and harassment at work because of her sex and race. She compared her treatment to that of a white male colleague who previously complained about the same individual.

Whilst the circumstances of both complaints were not the same, the Supreme Court held that there was sufficient similarity in that Mrs Hewage’s white colleague received cooperation and assistance following his grievance that she did not. This constituted less favourable treatment. The Supreme Court went on to say that when alleging discrimination, it is not necessary for Claimants to have a ‘like for like’ comparison between the situations of comparators in order to show that there has been less favourable treatment. This is a question of fact and degree for the Tribunal and all the evidence should be considered.

To read the full judgement, please click here.

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