Procedure/victimisation
The Employment Tribunal erred in making findings, and upholding a victimisation claim, on the basis of a protected act that had never been pleaded: Chapman v Simon [1994] IRLR 124 CA applied. The Employment Tribunal further erred, on the specific circumstances of this case, in making adverse credibility findings of a witness, from which it was only possible to impute that the witness had been dishonest in his evidence before the Tribunal, when he had not had the opportunity to respond to any criticism of his honesty. In this case, the principle in Vogon International Ltd v The Serious Fraud Office [2004] EWCA Civ 104 applied, namely that before an ET made serious imputations or findings, the person against whom such imputations or findings might be made should have been given the proper opportunity to respond, particularly where as here, it was never clear that part of the Claimant’s case was that the witness was not being truthful.
Citations:
[2021] UKEAT 0180 – 20 – 2101
Links:
Jurisdiction:
England and Wales
Employment
Updated: 07 December 2022; Ref: scu.661688
