B and Another v A: EAT 28 Aug 2009

EAT SEX DISCRIMINATION – Inferring discrimination
PRACTICE AND PROCEDURE – Restricted Reporting Order
Claimant summarily dismissed, without any kind of process, on the basis of an allegation that he had raped a colleague – Dismissal without due process held by the Tribunal to constitute sex discrimination on the basis that the employer had feared that if Claimant were not dismissed summarily he might commit violence towards the complainant or others; and that that fear was on the ground of his sex.
Held that there was no sufficient basis in the evidence for the inference of discrimination – Observations about the drawing of inferences
Held also that parties entitled to anonymisation in order to protect the complainant’s confidentiality – X v Commissioner of Metropolitan Police [2003] ICR 1031 followed.


Underhill P J


[2009] UKEAT 0503 – 08 – 2808, [2010] IRLR 400



Employment, Discrimination

Updated: 04 August 2022; Ref: scu.374683