Timothy James Consulting Ltd v Wilton (Harassment) [2015] UKEAT 0082_14_0503 (05 March 2015)

Timothy James Consulting Ltd v Wilton (Harassment) [2015] UKEAT 0082_14_0503 (05 March 2015)

The Tribunal was entitled to find, as a matter of fact, that certain acts constituted harassment related to sex. Constructive dismissal itself does not constitute an act of harassment under the Equality Act 2010. Damages for injury to feelings are not taxable and should not be grossed up. The Tribunal correctly applied the law on loss of a chance and was entitled to find the claim speculative.

Citation
[2015] UKEAT 0082_14_0503
Parties
Appellant/respondent: Timothy James Consulting Ltd; Respondent/appellant: Ms S Wilton
Jurisdiction
United Kingdom
Judgment Date
05 March 2015
Procedural Posture
Employment Appeal Tribunal (eat) Appeals (ukeat/0082/14/dxa, Ukeat/0204/14/dxa, Ukeat/0205/14/dxa) From Employment Tribunal (bristol) / Judgment on Appeals Against Liability and Remedy Judgments
Outcome
Appeals allowed in part and dismissed in part.
Legal Topics
Sex Discrimination, Harassment, Constructive Dismissal, Victimisation, Unlawful Deduction From Wages, Compensation for Injury to Feelings, Taxation of Damages, Loss of a Chance
Employment Law Equality Law Tax Law Sex Discrimination Harassment Constructive Dismissal Victimisation Unlawful Deduction From Wages +3 more

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Parties

Timothy James Consulting Ltd

Appellant/respondent

Ms S Wilton

Respondent/appellant

Procedural Posture

Employment Appeal Tribunal (eat) Appeals (ukeat/0082/14/dxa, Ukeat/0204/14/dxa, Ukeat/0205/14/dxa) From Employment Tribunal (bristol) / Judgment on Appeals Against Liability and Remedy Judgments

Legal Issues

  1. 1 Whether the Employment Tribunal erred in finding acts of harassment related to sex under the Equality Act 2010
  2. 2 Whether constructive dismissal itself can constitute an act of harassment
  3. 3 Whether damages for injury to feelings are taxable and should be grossed up

Ratio Decidendi

The Tribunal was entitled to find, as a matter of fact, that certain acts constituted harassment related to sex. Constructive dismissal itself does not constitute an act of harassment under the Equality Act 2010. Damages for injury to feelings are not taxable and should not be grossed up. The Tribunal correctly applied the law on loss of a chance and was entitled to find the claim speculative.

Court Disposition

Appeals allowed in part and dismissed in part.

Orders

  • Respondent's appeal against finding of harassment dismissed.
  • Respondent's appeal against finding that constructive dismissal was an act of harassment allowed; substituted finding that it was not harassment.