EAT Victimisation Discrimination : Protected Disclosure – PRACTICE AND PROCEDURE – Employment Tribunal case management: identification of the issues
The Tribunal’s record of the issues to be determined fairly and adequately set out the issues raised by the parties’ case before it. The Claimant had not identified the failure to deal with her grievance as a detriment and there was nothing in the material before the Employment Tribunal to suggest that this should be added to the list of issues as part of her case.
The Tribunal had adequately dealt with the question of detriments and set out its reasoning. Any brevity in its record of its findings reflected the lack of particularisation or emphasis in the Claimant’s own case and fairly recorded the way the claims had been pursued before it.
Applying NHS Manchester v Fecitt and ors [2012] IRLR 64, to the extent that the complaints of detriments related to the conduct of the Claimant’s co-workers they were, in any event, bound to fail.
Eady QC J
[2014] UKEAT 0393 – 13 – 1405
Bailii
England and Wales
Employment
Updated: 16 December 2021; Ref: scu.534233