The rules on the burden of proof in discrimination cases have been discussed on this blog quite recently – the case of Kenney v Ministry of Defence is nicely illustrative of a case where the Claimant fails to cross the first hurdle, in other words that she failed to prove on the balance of probabilities facts from which the tribunal could conclude, in the absence of an adequate explanation, that the respondent committed an act of discrimination.
This report is also interesting as it concerns military service personnel, and the system of promotion in the Royal Navy. These are matters rarely seen in the EAT, as large parts of employment legislation do not apply to these people, discrimination being one of the only exceptions.
