EAT HARASSMENT
SEX DISCRIMINATION
Direct
Pregnancy and discrimination
In the course of a heated discussion between the Claimant and her manager about pay, each accused the other of lying. To emphasise his contention in the context of this argument, the manager accused the Claimant of having lied about her pregnancy and miscarriage. The Employment Tribunal found this created an environment of a hostile kind such as to constitute harassment if it found that the accusation related to, or was on the grounds of, the Claimant’s sex. It declined to do so.
Held: the ET was entitled so to hold. Context was of the greatest importance, and the ET had been entitled to regard the purpose of speaking the words to be related to proof of lying, and neither inherently nor otherwise spoken on the ground of sex.
Judges:
Langstaff P
Citations:
[2012] UKEAT 0434 – 11 – 2701
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Henderson v The General Municipal and Boilermakers Union CA 11-Oct-2016
The claimant appealed against rejection of his claims for unfair dismissal and otherwise. The union appealed against a finding in favour of the claim for discrimination (and otherwise) on account of his religion or belief, namely ‘left wing . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 13 October 2022; Ref: scu.454072