Section 136: Burden of proof

Equality Act 2010 · 2010 c. 15View on legislation.gov.uk

Part 9: Enforcement — Chapter 5: Miscellaneous

This section applies to any proceedings relating to a contravention of this Act.

If there are facts from which the court could decide, in the absence of any other explanation, that a person (A) contravened the provision concerned, the court must hold that the contravention occurred.

But subsection (2) does not apply if A shows that A did not contravene the provision.

The reference to a contravention of this Act includes a reference to a breach of an equality clause or rule.

This section does not apply to proceedings for an offence under this Act.

A reference to the court includes a reference to—

an employment tribunal;
the Asylum and Immigration Tribunal;
the Special Immigration Appeals Commission;
the First-tier Tribunal;
the Education Tribunal for Wales;
the First-tier Tribunal for Scotland Health and Education Chamber .

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

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