Hurst v Kelly (Harassment : no sub-topic) [2013] UKEAT 0167_13_0706 (7 June 2013)

Hurst v Kelly (Harassment : no sub-topic) [2013] UKEAT 0167_13_0706 (7 June 2013)

A claimant may bring a claim of sexual harassment against a fellow employee without proceeding against the employer; the Employment Tribunal erred in refusing jurisdiction solely because the employer was not a party.

Source-derived case information.

Citation
[2013] UKEAT 0167
Parties
Appellant: Ms Hurst; Respondent: Mr Kelly
Jurisdiction
United Kingdom
Judgment Date
07 June 2013
Procedural Posture
Employment Appeal / Appeal Against Preliminary Jurisdictional Dismissal
Outcome
Appeal allowed; Employment Tribunal decision set aside; case remitted for full merits hearing before a fresh Tribunal.
Legal Topics
Sexual Harassment, Jurisdiction, Vicarious Liability, Personal Liability of Employees
Employment Law Discrimination Law Sexual Harassment Jurisdiction Vicarious Liability Personal Liability of Employees

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ms Hurst

Appellant

Mr Kelly

Respondent

Procedural Posture

Employment Appeal / Appeal Against Preliminary Jurisdictional Dismissal

Legal Issues

  1. 1 Whether a claimant can bring a claim of sexual harassment against a fellow employee without proceeding against the employer
  2. 2 Whether the Employment Tribunal had jurisdiction in such circumstances

Ratio Decidendi

A claimant may bring a claim of sexual harassment against a fellow employee without proceeding against the employer; the Employment Tribunal erred in refusing jurisdiction solely because the employer was not a party.

Court Disposition

Appeal allowed; Employment Tribunal decision set aside; case remitted for full merits hearing before a fresh Tribunal.

Orders

  • Employment Tribunal's decision refusing jurisdiction is set aside.
  • Case remitted to a fresh Tribunal for determination on the merits.