Exec Catering Ltd (t/a Kaffeccinos Coffee House) & Anor v Kaczynska (Harassment : no sub-topic) [2014] UKEAT 0182_13_3101 (31 January 2014)

Exec Catering Ltd (t/a Kaffeccinos Coffee House) & Anor v Kaczynska (Harassment : no sub-topic) [2014] UKEAT 0182_13_3101 (31 January 2014)

The Tribunal failed to properly consider the limitation issue for racial harassment and misapplied the test for sexual harassment; both claims require re-consideration applying correct legal principles.

Citation
[2014] UKEAT 0182_13_3101
Parties
Claimant: Ms Kaczynska; First Respondent: Executive Catering Ltd trading as Kaffeccinos Coffee House; Second Respondent: Mr Bill Croney
Jurisdiction
United Kingdom
Judgment Date
31 January 2014
Procedural Posture
Employment Tribunal Appeal and Cross Appeal / Remittal for Re Consideration
Outcome
Appeal and cross-appeal allowed; case remitted for re-consideration
Legal Topics
Harassment, Limitation, Constructive Unfair Dismissal, Racial Harassment, Sexual Harassment
Employment Law Equality Law Harassment Limitation Constructive Unfair Dismissal Racial Harassment Sexual Harassment

Case Brief

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Parties

Ms Kaczynska

Claimant

Executive Catering Ltd trading as Kaffeccinos Coffee House

First Respondent

Mr Bill Croney

Second Respondent

Procedural Posture

Employment Tribunal Appeal and Cross Appeal / Remittal for Re Consideration

Legal Issues

  1. 1 Whether the racial harassment claim was lodged out of time and if it is just and equitable to extend time
  2. 2 Whether the sexual harassment claim was statute-barred and if the Tribunal misdirected itself on the test for harassment

Ratio Decidendi

The Tribunal failed to properly consider the limitation issue for racial harassment and misapplied the test for sexual harassment; both claims require re-consideration applying correct legal principles.

Court Disposition

Appeal and cross-appeal allowed; case remitted for re-consideration

Orders

  • Both racial and sexual harassment claims remitted to the same Employment Tribunal for re-consideration
  • No further evidence required on liability