Xxx v. Yyy [2003] UKEAT 0729_01_0904 (9 April 2003)

Xxx v. Yyy [2003] UKEAT 0729_01_0904 (9 April 2003)

The Employment Tribunal failed to properly weigh the Article 8 rights of J and the Article 6 rights of X, and erred in concluding the video evidence was irrelevant without full consideration of the facts. The video evidence should be viewed in private session, and its relevance determined at the full hearing by a freshly constituted Tribunal.

Citation
[2003] UKEAT 0729_01_0904
Parties
Applicant: X; Respondent: Y; Respondent: Z
Jurisdiction
United Kingdom
Judgment Date
09 April 2003
Procedural Posture
Employment Tribunal Appeal / Remittal for Full Hearing
Outcome
Decision of Employment Tribunal set aside; case remitted for full hearing before a freshly constituted Tribunal.
Legal Topics
Sex Discrimination, Constructive Dismissal, Victimisation, Admissibility of Evidence, Article 8 ECHR, Article 6 ECHR
Employment Law Human Rights Law Evidence Sex Discrimination Constructive Dismissal Victimisation Admissibility of Evidence Article 8 ECHR +1 more

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Parties

X

Applicant

Y

Respondent

Z

Respondent

Procedural Posture

Employment Tribunal Appeal / Remittal for Full Hearing

Legal Issues

  1. 1 Whether covert video evidence infringes Article 8 rights of child J and parents Y and Z
  2. 2 Whether admission of video evidence is necessary for protection of applicant X's Article 6 rights
  3. 3 Whether video evidence is relevant to the claims of sex discrimination and constructive dismissal

Ratio Decidendi

The Employment Tribunal failed to properly weigh the Article 8 rights of J and the Article 6 rights of X, and erred in concluding the video evidence was irrelevant without full consideration of the facts. The video evidence should be viewed in private session, and its relevance determined at the full hearing by a freshly constituted Tribunal.

Court Disposition

Decision of Employment Tribunal set aside; case remitted for full hearing before a freshly constituted Tribunal.

Orders

  • Employment Tribunal to view video evidence in private session.
  • Relevance of video evidence to be determined at full hearing.