This section applies to any claim brought under section 66(1) in a county court in England and Wales or a sheriff court in Scotland.
Where, on the hearing of the claim, the claimant proves facts from which the court 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 claimant which is unlawful by virtue of—
(i) section 29, 30 or 31, or
(ii) any other provision of Part 3 so far as it applies to vocational training, 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 claimant,
the court shall uphold the claim 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.