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Evidence in Prohibited Dismissal in Utrecht: How Do You Prove Discrimination?

Prove discrimination in Utrecht with documents, witnesses, and reversal of the burden of proof. Indirect evidence suffices according to the Supreme Court; tips for the Utrecht sub-district court.

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Evidence in Prohibited Dismissal in Utrecht: How Do You Prove Discrimination?

In Utrecht, with its vibrant labor market at universities and tech companies, prohibited dismissal revolves around solid evidence. This article for Utrecht residents explains how to demonstrate discrimination via the Utrecht sub-district court and national laws.

Reversal of the Burden of Proof in Utrecht Cases

Since the Work and Security Act (WWZ), reversal of the burden of proof applies (Article 7:670 paragraph 3 of the Dutch Civil Code). For 'sensitive' reasons such as pregnancy or origin, the employer must prove at the District Court of Midden-Nederland (Utrecht location) that discrimination is absent. Local judges apply this strictly, especially in sectors such as education and healthcare.

Practical Means of Proof for Utrecht Employees

  • Documents: Exit interviews from Utrecht HR departments, emails, and files from companies around Utrecht University.
  • Witnesses: Colleagues from Utrecht offices or startups in the Merwedekanaal zone who recognized discrimination patterns.
  • Statistics: Disproportionate dismissals among women or migrants in Utrecht industry organizations such as the Chamber of Commerce Midden-Nederland.
  • Medical file: Essential in sickness claims, supported by Utrecht occupational health services.

The Supreme Court has confirmed that indirect evidence is sufficient, as in recent judgments. Build an ironclad file in Utrecht, consult specialists at the Utrecht Legal Aid Office or labor law specialists in the city center for winning claims. (248 words)