ET Case 2405428/2016
Miss Paczkowska v R-Com Consulting Limited
2402211/2019, UKEATPA/0749/19/LA Constructive dismissal
Employment Tribunal claim launched 03 Dec 2016 Hearing 3-5 Sep 2018 (Panel took 3h reading time, judgment given ~11 Months later) Written Judgment 01 Aug 2019!
Claimant had 8 witnesses to cross-examine…unrepresented and in psychological turmoil
For upheld victimisation never seen a remedy
Appeal Hearing 19 Aug 2020! Notice 55 pgs, Hearing allocated 1.5h
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Whilst Mr Jackson may well have stretched and shown his bare biceps we do not find that when so doing he had the purpose of violating the claimant’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for her. If the claimant did have such feelings then taking into account the perception of the claimant and the other circumstances of the case, principally Mr Jackson being dressed in a t-shirt on a dress down Friday and stretching his arms, we would not consider it reasonable for his conduct to have had such an effect on the claimant.
In Zarina G. evidence we’ve heard, and even seen her upbeat presentation of Ashley Jackson stretching often in short sleeve T-shirt, while kissing his bare biceps saying :
‘welcome to the guns shop’.
(…)we would not consider it reasonable for the claimant to have felt harassed by this conduct.
We are not satisfied that (…)in the circumstances it was reasonable for the claimant to feel uncomfortable.
(…)we cannot be satisfied that there was any intention on the part of Mr Jackson to harass the claimant, and looking at the claimant’s perception and the other circumstances we do not consider it reasonable
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