Clifton Diocese v Parker

**How do you prove discrimination when there is no direct evidence? And when does the burden of proof shift to the employer?** **In this episode of The BDBF Podcast**, employment lawyers **Rose Lim** and **Clare Brereton** explore the Employment Appeal Tribunal's decision in Clifton Diocese v Parker, an important case on the burden of proof in religion or belief discrimination claims. They discuss the facts behind the case, including the dismissal of a senior finance employee following a dispute over flexible working, the allegations of direct discrimination and harassment based on her lack of Catholic faith, and the Employment Tribunal's approach to the burden of proof. **Rose** and **Clare** unpack the two-stage test under section 136 of the Equality Act 2010, examining what a claimant must establish before the burden shifts to the employer, why the Employment Tribunal was found to have incorrectly combined the two stages, and the importance of identifying a clear link between the alleged discriminatory treatment and the relevant protected characteristic. Listeners will gain practical guidance on: - How the burden of proof operates in discrimination claims - What claimants need to establish at the first stage of the two-stage test - When and how the burden shifts to the employer - Why tribunals must consider each alleged act of discrimination individually - The importance of identifying a clear connection between the treatment and the relevant protected characteristic - Why unfair or wrongful treatment does not necessarily amount to discrimination - How employers can approach cases where the burden of proof has shifted to them - The risks of taking a scattergun approach to pleading discrimination claims For employment lawyers, HR professionals, in-house counsel and employers, this episode provides valuable insight into the practical application of the burden of proof in discrimination claims and the importance of keeping the two stages of the statutory test distinct when assessing whether discrimination has occurred. **Disclaimer:** Views of external guest speakers do not represent those of BDBF. **Contact BDBF** Thank you for tuning in to **The BDBF Podcast:** *News and Insights for the Employment Law Community*, where we dive into practical guidance, expert analysis, and updates on employment law developments. For more behind-the-scenes content, exclusive events, and expert insights, please visit our website or follow us on your favourite social platform. We’d love to hear from you, particularly with feedback on the Podcast and requests for topics to cover in future episodes.  Drop us a line [podcast@bdbf.co.uk](mailto:podcast@bdbf.co.uk)  **Find out more:** Website: www.bdbf.co.uk/ Email: [info@bdbf.co.uk](mailto:info@bdbf.co.uk) Phone: +44(0)20 3828 0350 **Connect with us:** LinkedIn: www.linkedin.com/company/brahams-dutt-badrick-french-llp/ Facebook: www.facebook.com/BDBFLLP/ **Sign up to our newsletter:** www.bdbf.co.uk/newsletter-signup/ **Rose Lim** ​​https://www.linkedin.com/in/rose-l-40a345b0/ **Clare Brereton** https://www.linkedin.com/in/clare-brereton-nee-taylor-36291046/