Equal pay/sex discrimination: Indirect discrimination burden of proof lies on employee

Key Points

• In Nelson v Carillion Services Ltd [2003] IRLR 428, the Court of Appeal holds that the burden of proof in indirect sex discrimination cases should be approached in the same way irrespective of whether a case is brought under Article 141 (previously 119) of the EC Treaty of Rome, the Sex Discrimination Act 1975 or the Equal Pay Act 1970.
• The effect of the amendment to the SDA by the Burden of Proof Regulations in such a claim is to codify, rather than alter, the pre-existing position established by the case law such as Enderby v Frenchay Health Authority [1993] IRLR 591.