Section 63A: Burden of proof: employment tribunals

Sex Discrimination Act 1975 · 1975 c.65

This provision is repealed

It is retained for historical reference and may not reflect the law currently in force.

Part VII: Enforcement

REPEALED on 2010-10-01 by Equality Act 2010.
The text below is from the dated revised snapshot immediately preceding this status change. It is historical and is not current law. View the historical source.

63A(1)

This section applies to any complaint presented under section 63 to an employment tribunal.

63A(2)

Where, on the hearing of the complaint, the complainant proves facts from which the tribunal could, apart from this section, conclude in the absence of an adequate explanation that the respondent—

(a) has committed an act of discrimination or harassment against the complainant which is unlawful by virtue of Part 2 or section 35A or 35B , or

(b) is by virtue of section 41 or 42 to be treated as having committed such an act of discrimination or harassment against the complainant,

the tribunal shall uphold the complaint unless the respondent proves that he did not commit, or, as the case may be, is not to be treated as having committed, that act.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.