Burden of Proof

What is the Burden of Proof?


This is a legal term used to describe who has the burden of proof to prove a claim. Depending on the claim it can be either the Claimant (usually the former employee) or the Respondent (usually the former employer) who has the burden. For example: with unfair dismissal claims the burden is on the Respondent, with constructive dismissal claims the burden is on the Claimant. Discrimination claims are more complex and involve a 2 stage burden of proof test.

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