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Race discrimination cases against And indeed the point is well made that he was recruited by Mr Flynn, allowed training and experience opportunities by him and was well regarded. Discussion and Decision 118. The question of who must prove what in discrimination claims has been a vexed and contentious issue that has led to considerable legal commentary on the interpretation of the statutory provisions set out in Section of the Equality Act 2010. 119. Before the burden of proof provisions, the leading authority was King v Great British-China Centre. In that case the Court of Appeal in England held that the Tribunal had been entitled to draw an inference of discrimination as the — employment tribunal data | Tribunal Watch