Duffy v George

Duffy v George

The Employment Tribunal made a procedural error by not holding a pre-trial review to consider options for a fair hearing in light of the claimant's absence and fear of cross-examination. The Tribunal should have explored procedural adjustments, including special measures or written questions, to ensure fairness to both parties. The appeal is allowed and the case remitted for rehearing by a differently constituted Employment Tribunal with directions for a pre-hearing meeting.

Parties
Appellant: Michael Duffy; Respondent: Susannah George
Jurisdiction
England and Wales
Judgment Date
23 July 2013
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Sexual Harassment, Procedural Fairness, Cross Examination, Admissibility of Evidence
Employment Law Civil Procedure Sexual Harassment Procedural Fairness Cross Examination Admissibility of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Michael Duffy

Appellant

Susannah George

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether an Employment Tribunal can decide a sexual harassment claim against a respondent when the claimant does not attend and is unavailable for cross-examination
  2. 2 Whether the procedure adopted by the Employment Tribunal was fair and in accordance with the overriding objective
  3. 3 Whether the Employment Tribunal erred in law by relying on untested written evidence

Ratio Decidendi

The Employment Tribunal made a procedural error by not holding a pre-trial review to consider options for a fair hearing in light of the claimant's absence and fear of cross-examination. The Tribunal should have explored procedural adjustments, including special measures or written questions, to ensure fairness to both parties. The appeal is allowed and the case remitted for rehearing by a differently constituted Employment Tribunal with directions for a pre-hearing meeting.

Court Disposition

appeal allowed

Orders

  • Case remitted for rehearing by a differently constituted Employment Tribunal
  • Directions for a pre-hearing meeting to consider procedural matters