Source: All England Reporter
Publisher Citation: [2012] All ER (D) 335 (Oct)
Court: Employment Appeal Tribunal

Judge Richardson, Mr C Edwards and Mrs M McArthur

Representation G provided written submissions only.
  Thomas Gibson of the Free Representation Unit, for D.
Judgment Dates: 19 October 2012


Employment tribunal - Procedure - Hearing - Claimant employee bringing claim of sexual harassment against defendant employee - Claimant employee not attending hearing - Employment tribunal making findings against defendant employee - Defendant employee appealing - Whether tribunal entitled to make adverse findings against defendant employee in absence of claimant employee appearing for cross-examination - Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, .

The Case

Employment tribunal Procedure. The Employment Appeal Tribunal dismissed the defendant employee's appeal against the employment tribunal's decision to proceed in the absence of the claimant employee or her representatives on the basis that, in the light of r14(2)-(3) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, , the tribunal had been entitled to adopt the approach it had taken.

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