Equality Bill

My Lords, Clause 157 begins with the same phrase as Clause 158, ““reasonably thinks that””. The noble Lord, Lord Hunt, does not quarrel with those words in Clause 157, so why does he quarrel with them in Clause 158? The wording must be ““reasonably thinks”” because it is very difficult to demonstrate that the employer has all the facts and reasons, and I am not always convinced that things are as transparent and clear to the person being interviewed. If you have reason to believe that you have been discriminated against, that is all that you require. Then it is for the employer to demonstrate that they have not done that. I should rather put it that way round than require the person who ““reasonably thinks”” that they have been discriminated against to demonstrate it. For those reasons, I do not think that the words in Clause 158 should be changed, as they are not being asked to be changed in Clause 157. The noble Lord, Lord Lester, wants to change the words from, "““which is a proportionate means of achieving the aim””," to, "““provided it is a proportionate means of achieving the aim””."