Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Proof definition

What does Proof mean? In Scots civil litigation, a proof is the evidential hearing at which parties lead oral and documentary evidence on disputed facts before a judge or sheriff. It is a procedural term found in the Court of Session and sheriff court rules rather than a statutory definition. At proof, witnesses are examined and cross‑examined, productions (documents) are lodged, and the court makes findings in fact leading to decree. Variants include proof before answer (the court hears evidence but reserves legal issues until after findings in fact) and proof in absence (where a party fails to appear). The fixed date for such...

Equality Act 2010 (England, Scotland and Wales): Two-stage reverse burden of proof, inferences and evidence in discrimination and equal pay claims

Published by a LexisNexis Employment expert

Practice notes

The statutory burden of Proof test EqA 2010

This Practice Note examines the two-step statutory test on the burden of proof that covers all unlawful conduct (ie Discrimination) and equality of terms (ie Equal Pay) claims brought under the Equality Act 2010 (EqA 2010), but excludes criminal offences. Under EqA 2010, the burden of proof regime establishes a two-stage framework for addressing proof. It applies to all proceedings concerning a contravention of EqA 2010, encompassing any infringement of an equality clause or rule. The framework is not engaged in relation to proceedings for any criminal offence created by EqA 2010. The burden of proof is likewise not engaged when deciding whether an exercise satisfies the statutory criteria for a job evaluation study for the purposes of an equal pay claim, since the burden only operates once a prima facie case on every element of the claim has been made out (either on the evidence or where the basic facts are not disputed), that is, once there is a prima facie indication of a breach of an equality clause...

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Web page updated on 21/05/2026

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