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Burden of Proof

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The burden of proof is your duty to provide enough evidence to support an allegation or argument in the court or tribunal.  In the employment tribunal you have to prove your case on the preponderance of the evidence. This means you must prove that your allegation or argument is more likely to be true than false. In criminal cases, the prosecution has the burden of proving the charge beyond reasonable doubt.

In employment claims, the burden of proof switches between you and your employer at various points in proceedings.  In unfair dismissal for example, the burden of proof is on your employer to show that they dismissed you for  potentially fair reason. In discrimination, the burden of proof is on you at first, to provide evidence from which the employment tribunal can infer that discrimination has occurred. The burden of proof then shifts to your employer who must show a non-discriminatory reason for what they did.

See also

How to prepare your documents for the Employment Tribunal, Getting information from the other side (Disclosure)

How to write an effective Witness Statement for the Employment Tribunal

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