W v X & Ors [2004] UKEAT 0494_03_0502 (5 February 2004)

W v X & Ors [2004] UKEAT 0494_03_0502 (5 February 2004)

Tribunal erred by failing to make specific findings of fact regarding sexual comments, misdirected itself by not considering whether some comments were self-evidently harassment, and improperly compartmentalised complaints, affecting assessment of credibility and subsequent events.

Citation
[2004] UKEAT 0494_03_0502
Parties
Appellant: W; First Respondent: X; Second Respondent: Y; Third Respondent: Z
Jurisdiction
United Kingdom
Judgment Date
05 February 2004
Procedural Posture
Employment Tribunal Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed in part, dismissed in part, matter remitted to differently constituted tribunal.
Legal Topics
Sex Discrimination, Victimisation, Protected Disclosure, Health and Safety, Constructive Unfair Dismissal, Sexual Harassment
Employment Law Discrimination Law Sex Discrimination Victimisation Protected Disclosure Health and Safety Constructive Unfair Dismissal Sexual Harassment

Case Brief

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Parties

W

Appellant

X

First Respondent

Y

Second Respondent

Z

Third Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether tribunal erred in its approach to sexual harassment claims
  2. 2 Whether tribunal failed to make proper findings of fact regarding sexual comments
  3. 3 Whether tribunal erred in dividing complaints into watertight compartments

Ratio Decidendi

Tribunal erred by failing to make specific findings of fact regarding sexual comments, misdirected itself by not considering whether some comments were self-evidently harassment, and improperly compartmentalised complaints, affecting assessment of credibility and subsequent events.

Court Disposition

Appeal allowed in part, dismissed in part, matter remitted to differently constituted tribunal.

Orders

  • Remit outstanding matters to a differently constituted tribunal for further hearing.
  • Dismiss appeal against tribunal's rejection of appellant's case against X as an individual.