Source: All England Reporter
Publisher Citation: [2009] All ER (D) 203 (Jan)
Court: Employment Appeal Tribunal

Judge Ansell, Prof S Corby and Mr I Ezekiel

Representation Althea Brown (instructed by Russell Jones & Walker) for the employee.
  Shaheed Fatima (instructed by Beachcroft LLP) for the employer.
Judgment Dates: 23 January 2009


Sex discrimination - Employment - Complaint of discrimination - Burden of proof - Victimisation - Employee alleging victimisation resulting from protected acts - Employment tribunal dismissing complaint - Whether tribunal correct in approach to assessment of knowledge of protected acts - , .

The Case

Sex discrimination Employment. Employment Appeal Tribunal: The employee's appeal to the Employment Appeal Tribunal was dismissed where there was a total absence of primary facts from which an inference could properly be drawn that the employer knew of the protected acts from which it was alleged that the victimisation under of the Sex Discrimination Act 1975 resulted. In those circumstances, consideration of the burden of proof issues was unnecessary.

Practice Areas

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