Conduct at the Tribunal
by Sarah
Following on from my blog last week about employer’s conduct during a hearing this time we have another EAT decision about conduct by an employer.
This time the Claimant was claiming disability discriminination. The Employer again subjected him to abuse and intimidation calculated to deter him from continuing with the case after the initial hearing, which was set to determine whether or not the employee was disabled.
The Claimant sought to raise the complaints as fresh proceedings before the Employment Tribunal. The Chairman sent it back saying that the alleged conduct attracted judicial proceedings immunity. The Claimant appealed to the EAT.
The EAT held that if the conduct was proved it would amount to harassment and it arise out of and be closely connected with the employment relationship thus meaning that it would fall within terms of the DDA and be disability discrimination and the conduct would not attract judicial proceedings immunity.
These cases are quite unusual so to have two in one week is very unusual!
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