Sex discrimination: unwanted conduct: unfairdismissal
SEX DISCRIMINATION
Unwanted conduct
Case British Bung Manufacturing Company & King v Finn [2023] EAT 165
Facts F, an employee of BB, was dismissed following his lodging of a grievance written on West Yorkshire Police headed notepaper. The grievance referred to criminal statutes and rules of procedure. F stated that his son, who was a police officer, had helped to draft the grievance. BB argued that this was a form of threat and intimidation, and that it was intended to mislead BB to consider that the matter had been reported to the police as a crime. F complained of unfair dismissal. Further, F claimed that unwanted language directed towards him amounted to age and sex discrimination. The ET upheld the complaints. BB appealed to the EAT.
Decision 1. The appeal was dismissed.
2. The decisions of the ET had not shown any error of law or perversity.
3. BB had submitted that, for unwanted conduct to refer to sex, it must relate to a matter which was both inherent to the gender is question and in no-one of the opposite gender, was contrary to the purpose of section 26 of the Equality Act 2010.
manager
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