“…But, as Lord Hope of Craighead DPSC said in Hewage v Grampian Health Board [2012] ICR 1054, the burden of proof provisions “have nothing to offer where the tribunal is in a position to make positive findings on the evidence, one way or the other”. Li…”
“…proach. The only substantial judgment is that of Mummery LJ: it was subsequently approved by the Supreme Court in Hewage v Grampian Health Board[2012] UKSC 37, [2012] ICR 1054. In Efobi v Royal Mail Group Ltd [2017] UKEAT 0203/16, [2018] ICR 359, the EAT held that differences in the language of section 136 as compared with its predec…”
“…s Monaghan fairly accepted at the hearing before us that the ET had in mind the decision of the Supreme Court in Hewage v Grampian Health Board [2012] UKSC 37; [2012] ICR 1054, to which it referred at para. 15.17 of its judgment. In Hewage the Supreme Court approved the decision of this Court in Igen: see in particular para. 25 in th…”