United Kingdom Employment Appeal Tribunal

APPEARANCES

 

For the Appellant	Mr A D Harms (of Counsel) Free Representation Unit Room 140 1st Floor 49/51 Bedford Row London WC1R 4LR


 


JUDGE JOHN BYRT QC: As we have intimated to Mr Harms during the course of his argument at this preliminary hearing, we take the view that there is an arguable point here which should go through to a full hearing before the Employment Appeal Tribunal.

The Employment Tribunal who heard this case had two options; either they could find there was sexual harassment in which case an essential ingredient of that offence would be some detriment to the Applicant or alternatively, they could find there was no detriment to the Applicant in which case there was no sexual harassment.

The Tribunal found sexual harassment and therefore an element of detriment and yet found that the Applicant was entitled to no damages. We think there is a point to be argued here as to whether having found detriment, it was open to the Employment Tribunal to find nil damage. Even if nominal damage would have been the appropriate award, what amount would they be?

Mr Harms has submitted that the damages here should be more than nominal. He therefore proposes to invite this Tribunal to look at some of the evidence which was before the Employment Tribunal. He has satisfied us that we should request the Chairman's Notes of Evidence relating to the evidence of Miss Bowring herself and of Mr B. That would also enable the advocate appearing before the Employment Appeal Tribunal to argue the issue of perversity as well. That is our order