JURISDICTIONAL POINTS
SEX DISCRIMINATION: Continuing act
HARASSMENT: Compensation
PRACTICE AND PROCEDURE:
Appellate jurisdiction/reasons/Burns-Barke
Perversity
UNFAIR DISMISSAL: Compensation
Claimant waitresses claimed that for some years each had been subject to persistent unwanted sexual harassment by the boss of their restaurant, and had then resigned in response to it. An appeal against a Tribunal’s finding that the Respondents were liable for discrimination, harassment and unfair constructive dismissal was attacked on perversity grounds, as being insufficiently reasoned, and because a decision as to jurisdiction (challenged on time grounds) was not determined finally until the hearing on remedies was held. The findings were upheld, as was the determination that each waitress should receive the same award of damages despite their respective lengths of service varying considerably.
An appeal on the ground that the Tribunal should not have awarded 100% joint and several liability against both Respondents was rejected: Way v Crouch [2005] IRLR 603 doubted.
However, appeals were allowed against an award of money in respect of wages receivable in the notice period, and against an award of aggravated damages on a basis which was insufficiently spelt out for the parties to know precisely what was complained of and how it related to the awards made.
Judges:
Langstaff J
Citations:
[2010] UKEAT 0359 – 09 – 2801
Links:
Employment
Updated: 18 August 2022; Ref: scu.416033
