Source: All England Reporter
Publisher Citation: [2009] All ER (D) 149 (Sep)
Court: Employment Appeal Tribunal

Underhill J, Mer D Welch and Mr S Yeboah

Representation Edward Legard (instructed by Crutes LLP) for the appellant.
  The respondent appeared in person and was no represented.
Judgment Dates: 28 August 2009


Employment - Discrimination - Sex discrimination - Employee accused of rape by colleague - Employer summarily dismissing employee without notice - Police finding insufficient evidence to substantiate charges - Employee bringing proceedings for sex discrimination - Tribunal holding dismissal constituting sex discrimination - Whether tribunal erring - Sex Discrimination Act 1945, s 41.

The Case

Employment Discrimination. The Employment and Appeal tribunal held that there had not been a sufficient basis on the primary facts to justify the tribunal's conclusion that the employer's fear of further violence on the part of the employee was because of his gender.

Practice Areas

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