Duffy v George

Subject Matter

INDUSTRIAL RELATIONS — Employment tribunals — Evidence — Claimant providing detailed witness statement but not attending hearing — Claim of sexual harassment against fellow employee upheld by tribunal — Whether permissible — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, Sch 1, rr 14, 27

[2013] ICR D5, EAT

INDUSTRIAL RELATIONS — Employment tribunals — Procedure — Claim of sexual harassment against fellow employee — Claimant not wishing to attend hearing — Tribunal declining to make direction excusing attendance — No representation by claimant at hearing — Respondent complaining denied of opportunity to challenge claimant’s allegations by cross-examination — Correct approach where claimant refusing to attend on ground of fear — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, reg 3, Sch 1, rr 10, 14, 27

[2013] EWCA Civ 908; [2013] ICR 1229; [2013] WLR (D) 299, CA

Appellate History