In Tradition Management Services Limited v Mr Philip Taylor (EA-2021-000953-DXA) Joshua acted as sole counsel for the Claimant as Respondent to the appeal before His Honour Judge Auerbach. The appeal was dismissed and oral reasons were given on 18 January 2024.
The case addressed the approach the Employment Tribunal is to take when determining allegations of sexual harassment without hearing live evidence from the complainant, in the context of a wrongful dismissal claim.
The decision reiterates that whilst employers are entitled to rely upon hearsay statements and documentary evidence gathered as part of disciplinary proceedings to prove an allegation, tribunals are entitled to give that evidence less weight so as to make no finding either way. This is because employers have to prove allegations of gross misconduct according to the balance of probabilities in order to summarily dismiss.
There will be no error as long as it is reasonably clear the tribunal:
The case is a salutary reminder of three things.
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