EAT HARASSMENT
SEX DISCRIMINATION – Jurisdiction
Whether Claimant could bring a claim of sexual harassment against a fellow employee whilst not proceeding against their employer.
Held: Employment Tribunal was wrong to refuse jurisdiction in these circumstances. Barlow v Stone [2012] IRLR 899 (EAT) applied. Fecitt v NHS Manchester [2012] IRLR 64 (CA) considered and contrasted.
Appeal allowed. Case remitted for full merits hearing before fresh ET.
Peter Clark
[2013] UKEAT 0167 – 13 – 0706, [2013] UKEAT 0167 – 13 – DM – 0706
Bailii, Bailii
England and Wales
Employment
Updated: 18 November 2021; Ref: scu.514171