... occurred, the tribunal must uphold the complaint unless the respondent proves he did not commit the act. Thus, the Regulations impose a statutory duty on the tribunal to shift the burden of proof where the facts establish a prima facie case of discrimination. A REQUIREMENT OR CONDITION IMPOSED ON ALL APPLICANTS Mary was an employee for seven years, who use to work full time as a personal assistant for Mr. Cohen before she had the baby and now she wanted a job share, to do part time work. Mr. Cohen has told her that the job is not open to part time staff or can it be job shared. Although there is no automatic right for women returning from maternity leave to job share as held in British Telecommunications plc v Roberts and Longstaff3. The EAT concluded that where the employer turned down this request, there is still a possibility of indirect ...

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