GenEq glossary
Legislation

Burden of proof

Where an employer has not met its transparency obligations, it falls on the employer to show there was no discrimination.

In equal pay proceedings the burden of proof shifts to the employer: where a worker establishes facts from which discrimination may be presumed, the employer must prove that no discrimination occurred. Failure to comply with transparency and reporting obligations strengthens that shift. In practice this makes documentation the defence — a job evaluation, the categories drawn from it and the reasoning behind both are what an employer relies on when asked to justify a difference.

Let's go

Start with a baseline on your own data.

One pay-period extract produces the seven figures, the categories that breach, and what closing them would cost.