A v B, Court of Appeal - United Kingdom Employment Appeal Tribunal, December 03, 1998, [1998] UKEAT 518_98_0312

Resolution Date:December 03, 1998
Issuing Organization:United Kingdom Employment Appeal Tribunal
Actores:A v B

Copyright 1998 Appeal No. EAT/518/98EMPLOYMENT APPEAL TRIBUNAL58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 3 December 1998BeforeHIS HONOUR JUDGE J ALTMANMR L D COWANMRS T A MARSLAND`A' APPELLANTS`B' RESPONDENTTranscript of ProceedingsJUDGMENTRevisedEAT/518/98 APPEARANCESEAT/518/98- 5 - JUDGE J. ALTMAN: This is an appeal from the decision of the Industrial Tribunal sitting at London (South) on 13 February 1998, in which a preliminary decision was made that the application before them was issued out of time but that they considered in all the circumstances of the case that it was just and equitable for a Tribunal to consider the Originating Application out of time. The complaint which formed the basis of the Originating Application related to claims under the Sex Discrimination Act arising out of incidents and behaviour and attitudes which the Applicant complained were experienced by her in the course of her employment with the Respondents, first from fellow prison officers in individual acts and secondly from the treatment and lack of candour of her managers. Because of the decision which we have made, we are going to give our reasons fairly shortly. The first instances are matters which have been described as harassment and relate to individual incidents concerning fellow officers and are alleged to have occurred between October 1987 when the Applicant was posted to Brixton and July 1998 when she was transferred to the Old Bailey. The second group of incidents relate to a letter and to the actions of management, the letter being dated in July 1998 and related events happening thereafter until the Applicant finally left Brixton in 1993. We have been told that before the Industrial Tribunal those two aspects, to use as a neutral word as I can, of this complaint were regarded by the parties and accepted by them as being separate. Although that position was maintained at the outset of these proceedings, it became apparent during the hearing that it may at least be possibly part of the argument being advanced on behalf of the Applicant, that the allegations about the conduct of management span both types of allegation and both periods. Finally on behalf of the Applicant, Mr Whitcombe has conceded the separateness of the aspects that were dealt with, but regarded them as of kind rather than as of date. In other words, he conceded that acts to be termed as harassment fall into one group and that acts to be termed as discriminatory treatment...

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