B v. A & Anor [2008] UKEAT 0505_07_1706 (17 June 2008)
The Tribunal did not err in law in its approach to the standard of proof, the treatment of the acts as a continuing act, or the extension of time. The Tribunal was entitled to find the acts constituted harassment, were unwanted, and that the claim against B could proceed. The appeal was dismissed.
- Citation
- [2008] UKEAT 0505_07_1706
- Parties
- Appellant: B.; First Respondent: A.; Second Respondent / Claimant: C.
- Jurisdiction
- United Kingdom
- Judgment Date
- 17 June 2008
- Procedural Posture
- Employment Appeal / Appeal Against Tribunal Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Sexual Harassment, Vicarious Liability, Extension of Time, Continuing Act, Standard of Proof
Case Brief
Summary, issues, holding and outcome
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Parties
B.
Appellant
A.
First Respondent
C.
Second Respondent / Claimant
Procedural Posture
Employment Appeal / Appeal Against Tribunal Decision
Legal Issues
- 1 Whether the Tribunal misdirected itself regarding the standard of proof for serious allegations
- 2 Whether the Tribunal erred in treating distinct acts as a continuing act for limitation purposes
- 3 Whether the Tribunal was justified in extending time for the claim against the individual respondent
Ratio Decidendi
The Tribunal did not err in law in its approach to the standard of proof, the treatment of the acts as a continuing act, or the extension of time. The Tribunal was entitled to find the acts constituted harassment, were unwanted, and that the claim against B could proceed. The appeal was dismissed.
Court Disposition
Appeal dismissed
Orders
- Remedies to be determined by the Tribunal
Full Case Text
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