EAT SEX DISCRIMINATION: Vicarious liability
Sexual harassment claim by an employee of an education authority. Circumstances in which tribunal had misdirected itself as to its own prior judgment and erred in continuing the claim straight to a remedies hearing when an issue of time bar, and, depending on the resolution of that issue, an issue regarding the appellants’ defence under s.41(3) of the Sex Discrimination Act 1975 both remained unresolved. Appeal upheld and case remitted to a freshly constituted tribunal; tribunal had shown clear and express sympathy for the claimant’s case and had been, evidently, striving to make a finding in her favour. It was not appropriate in these circumstances to remit to the same tribunal.
[2008] UKEAT 0055 – 07 – 2507
Bailii
Sex Discrimination Act 1975 41(3)
England and Wales
Citing:
Cited – London Borough of Lewisham v Malcolm HL 25-Jun-2008
The tenant had left his flat and sublet it so as to allow the landlord authority an apparently unanswerable claim for possession. The authority appealed a finding that they had to take into account the fact that the tenant was disabled and make . .
Cited – Smiths Detection – Watford Ltd v Berriman EAT 9-Aug-2005
EAT The Employment Tribunal was wrong to find that the Respondent had discriminated against the Claimant under Section 6(1) of the Disability Discrimination Act 1995 because it omitted to find what arrangements . .
Cited – Environment Agency v Rowan EAT 1-Nov-2007
EAT Practice and Procedure – Perversity
Disability discrimination – Reasonable adjustments
An Employment Tribunal considering a claim that an employer has discriminated against an employee pursuant to . .
Cited by:
Cited – Stafford and Rural Homes Ltd and Another v Hughes EAT 9-Mar-2009
EAT DISABILITY DISCRIMINATION: Reasonable adjustments
Effect of Malcolm: on the facts of the case the decision in Malcolm did not make any difference to the conclusion. There is no requirement in law to set . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 01 November 2021; Ref: scu.272560