Employer's Sex Harassment Appeal Dismissed by Employment Appeal Tribunal
The Employment Appeal Tribunal has dismissed an employer's appeal against findings of sexual harassment.
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Tribunal Upholds Sex Harassment Ruling Against Clinic
The Employment Appeal Tribunal (EAT) has dismissed an appeal brought by Rohit Vikal and Emma Victoria Limited, trading as Shapins Clinic, against findings of sexual harassment made by an Employment Tribunal. The case, presided over by the Honourable Lord Fairley, centred on a beauty therapist's claims against her employer and its director.
Miss April Freke, the respondent, had brought a claim alleging eight separate incidents of sexual harassment by Mr. Vikal, a director and owner of Shapins Clinic. The initial Employment Tribunal found these incidents constituted a course of conduct amounting to sexual harassment and also upheld a claim for unlawful deductions from wages. While the wages claim was not part of the appeal, the sexual harassment findings were contested.
The employers' appeal focused on a single incident, specifically the "car keys incident," arguing that the Tribunal had erred in accepting Miss Freke's uncontradicted evidence. They contended this was contrary to principles established in the Supreme Court case of Tui UK Limited v. Griffiths UKSC 48. However, the EAT determined that the Tui case concerned expert evidence, not the acceptance of uncontradicted witness testimony, especially when advance notice of the allegation had been given.
Lord Fairley stated that the Tribunal was entitled to accept Miss Freke's unchallenged account of the car keys incident. Furthermore, the EAT ruled that it was entirely proper for the Tribunal to consider the totality of the conduct when assessing Miss Freke's credibility. The Tribunal's original findings were based on evidence presented, and the appeal was ultimately refused on all grounds.
Miss Freke was awarded a total of £19,305 for the harassment claim, which included £17,000 for injury to feelings, alongside £1,522 for the wages claim. The remedy decision was not subject to this appeal.
Read the entire judgment here: R Vikal & Emma Victoria Ltd t-a Shapins Clinic v A Freke EAT 206
