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Section 136: Burden of proof

Equality Act 2010 (2010 c. 15)

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

(2) 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.

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

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

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

(6) A reference to the court includes a reference to—

(a) an employment tribunal;

(b) the Asylum and Immigration Tribunal;

(c) the Special Immigration Appeals Commission;

(d) the First-tier Tribunal;

(e) the Education Tribunal for Wales;

(f) the First-tier Tribunal for Scotland Health and Education Chamber .

Reproduced from legislation.gov.uk as captured on 2026-07-13. Statute is amended over time — check the source below for the version in force. This is a reference, not legal advice.
View s.136 on legislation.gov.uk

Source: legislation.gov.uk, Crown copyright, Open Government Licence v3.0.