Evans v Xactly Corporation Ltd: EAT 15 Aug 2018

Harassment – Disability Related Discrimination
VICTIMISATION DISCRIMINATION – Protected disclosure
The Employment Tribunal were best placed to make findings of fact about the context and office culture which it did, and which was necessary in order to understand the Claimant’s allegations of harassment and victimisation as well as direct discrimination and section 15 disability discrimination. Having done so, the Tribunal was fully entitled to conclude that the comments complained of did not amount to harassment as defined in section 26 Equality Act 2010. In other contexts and circumstances they might have done, but harassment claims are highly fact sensitive and context specific. The other complaints also failed on the facts which were for the Tribunal to make and decide.

Citations:

[2018] UKEAT 0128 – 18 – 1508

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 14 July 2022; Ref: scu.630719