Tag
#burden-of-proof
10 cases tagged Burden of Proof.
ADHD disability claim fails for lack of medical evidence
A former employee who claimed disability discrimination based on ADHD had her claim dismissed after the tribunal found she had not proven she had the condition on the balance of probabilities.
Claim dismissed after withdrawal emails from husband's account: reconsideration refused
A former employee's unfair dismissal claim was dismissed after emails purporting to withdraw it were sent from her husband's email account. The tribunal refused her application to reconsider, finding her hacking allegation improbable and unsupported by evidence.
Police officer with PTSD dismissed after domestic violence allegation: discrimination claims rejected
A police officer with PTSD who was dismissed after a domestic violence allegation has lost his disability and sex discrimination claims. The tribunal found the misconduct panel's decision was not influenced by his disability.
Disability-related absences led to unfair redundancy selection: £26,000 awarded
A digital marketing manager with Crohn's and Behcet's disease was unfairly selected for redundancy after his disability-related absences played a role in the decision. The tribunal awarded £26,132.24.
Trainee duct fitter awarded £27,624 after race discrimination over pay and work allocation
A black trainee duct fitter was paid less and given more labouring work than white comparators. The tribunal awarded £27,624 for race discrimination and unpaid wages.
Warehouse manager resigns after walkout employees rehired: constructive dismissal claim fails
A warehouse manager who resigned after Korean employees who walked out were rehired without his knowledge lost his claims for constructive unfair dismissal and race discrimination. The tribunal found the employer's actions were within its managerial prerogative.
Senior Nurse's race discrimination claim dismissed: tribunal finds no evidence of bias
A Ward Manager with 15 months' service claimed four white colleagues made false statements due to her race. The tribunal found no racial motivation and dismissed the claim.
30-year youth worker loses race discrimination claim over capability dismissal
A Reading Borough Council youth worker with 30 years' service failed to prove her dismissal for poor performance was racially motivated. The tribunal found no less favourable treatment compared to a hypothetical comparator.
Probation dismissal: race discrimination claims fail on time limits and merits
A Solution Architect who alleged race discrimination and harassment during his probation was dismissed from his job. The tribunal found nearly all claims were brought too late, and the rest failed on the facts.
Claim dismissed: train maintainer lacked two years' continuous employment
A preliminary hearing ruled that a train maintainer did not have sufficient continuous employment to bring an unfair dismissal claim, as his earlier work was as a self-employed contractor.