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Evidence in Prohibited Dismissal: How Do You Prove Discrimination?

Prove discrimination with documents, witnesses, and reversal of the burden of proof. Indirect evidence suffices according to the Supreme Court for successful claims.

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Evidence in Prohibited Dismissal: How Do You Prove Discrimination?

In cases of suspected prohibited dismissal, everything revolves around evidence. This article explains how to demonstrate discrimination and what resources are available.

Reversal of the Burden of Proof

Since the Work and Security Act (WWZ), reversal of the burden of proof applies (Article 7:670 paragraph 3 of the Dutch Civil Code). If the reason for dismissal is 'sensitive', the employer must prove that it is not discriminatory.

Practical Means of Proof

  • Documents: Exit interviews, emails, and personnel files.
  • Witnesses: Colleagues who are aware of similar cases.
  • Statistics: Disproportionate dismissal of certain groups.
  • Medical file: In illness-related claims.

The Supreme Court recently ruled that indirect evidence suffices. Build a strong file and engage an employment lawyer for success. (197 words)

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