EAT Unfair Dismissal : Reason for Dismissal Including Substantial Other – Employment Tribunal erred in making a finding on this question when the issue had been conceded by the Claimant and no opportunity given to the parties to address the possibility of a revision to the list of issues.
The ET having made findings on fairness in the alternative, however, the point was not fatal to the decision on unfair dismissal.
Fairness
The ET’s approach to the question of fairness upheld. It was entitled to have regard to the Respondent’s own procedures and to the ACAS Code. Its conclusions were not perverse.
HARASSMENT
SEX DISCRIMINATION – Burden of proof
Harassment related to sex: whether the ET erred in the application of the burden of proof in finding that the unwarranted conduct in question ‘related to’ the Claimant’s sex. Either insufficient reasoning provided to explain the ET’s conclusion or there had been a misapplication of the burden of proof in this case. Appeal allowed on this ground only and point remitted to same ET.
‘Unwanted’; ‘Course of employment’; ‘Reasonable steps’ defence
ET’s findings on these issues disclosed no error of law, were not perverse and were adequately explained. All other grounds of appeal dismissed.
Eady QC J
[2014] UKEAT 0265 – 13 – 1001
Bailii
England and Wales
Employment, Discrimination
Updated: 01 December 2021; Ref: scu.522640
