EAT The Claimant alleged that she had suffered sexual harassment consisting of a single incident of being patted on the bottom by her employer and that she had, over a month later, resigned on account of that incident. Her employer denied that he had done so. There were inconsistencies in her evidence and a witness who could have given relevant evidence was not called. The majority of the Tribunal, without making reference to those inconsistencies or to the absence of that witness concluded that the event complained of had occurred. Further, whilst it was to be inferred that they had rejected the employer’s evidence, they did not explain how or why they had done so. On an appeal by the Respondent employer, the Employment Appeal Tribunal upheld the appeal, concluded that it would not be appropriate for it to substitute its own findings and remitted the case to a freshly constituted Employment Tribunal for a rehearing.
Judges:
Lady Smith
Citations:
[2007] UKEAT 0061 – 06 – 2905, UKEATS/0061/06/ZT
Links:
Employment, Discrimination
Updated: 11 July 2022; Ref: scu.253725