EAT Sex Discrimination: Comparison
Unfair constructive dismissal; sex discrimination. The Claimant resigned from his employment with the Respondent following a complaint having been made of his harassing another employee. He claimed that the implied term of trust and confidence had been broken by the employer who prejudged the issue, failed to follow its own policies on disciplinary matters and discriminated against him by reason of his sex. The Employment Tribunal found that the Respondent had discriminated on grounds of sex, and in so doing had behaved in such a way as to entitle to the Claimant to resign and claim unfair constructive dismissal. The employer appealed, arguing that the Employment Tribunal erred in law in holding that the facts found were such as to enable them to infer sex discrimination. It argued that the case should be dismissed as the finding of sex discrimination could not stand, and the Employment Tribunal had found the claim of unfair constructive dismissal made out only on the basis of sex discrimination.
Held: the appeal is allowed to the extent that the finding of sex discrimination is set aside, there being no findings of fact on which to base it. The Employment Tribunal however made clear findings of fact on which they were bound to come to the view that the claim of unfair constructive dismissal was made out, and case remitted to the Employment Tribunal to consider remedy for unfair constructive dismissal.
Stacy Lady
[2015] UKEAT 0034 – 14 – 0601
Bailii
England and Wales
Employment, Discrimination
Updated: 27 December 2021; Ref: scu.541535