Employment Tribunal Ruling Overturned in Costain Sex Discrimination Case
The Employment Appeal Tribunal has ordered a re-hearing after finding significant legal errors in how a lower tribunal handled sex discrimination claims against Costain.
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The Employment Appeal Tribunal (EAT) has set aside a previous judgment that rejected claims of sex discrimination and harassment brought by an engineer against Costain. His Honour Judge Shanks ruled that the original Employment Tribunal made significant errors of law when assessing the case, leading to the decision being overturned in its entirety.
The claimant, an experienced engineer, was engaged on an agency basis to work at the Sellafield nuclear site in 2014. As the only woman in a male-dominated environment, she alleged that she faced a series of discriminatory actions, including being excluded from key meetings and experiencing a hostile working atmosphere. Her contract was terminated after 12 weeks, and she was subsequently escorted from the site.
Legal Errors Identified
In his judgment, Judge Shanks highlighted that the original tribunal failed to approach its fact-finding task correctly. The EAT noted several critical shortcomings, including:
- A failure to look at the overall picture, opting instead for a fragmented approach to the evidence.
- An over-reliance on the burden of proof rather than properly evaluating witness credibility and reliability.
- A failure to draw appropriate inferences from the surrounding circumstances, such as the lack of disclosure regarding important documents.
The EAT found that the original tribunal did not adequately consider the totality of the circumstances. This included comments made by her manager, who admitted he would not have told a male colleague to be "gentler, kinder and nicer." The tribunal also ignored factors pointing towards discrimination, such as the fact that the manager assigned her tasks he deemed a waste of time without reviewing her CV.
A Call for Proper Assessment
Judge Shanks emphasised that while tribunals are entitled to make findings of fact, they must rigorously test evidence against objective probabilities. By failing to assess the parties and witnesses in a holistic manner, the original tribunal made legal errors that undermined its conclusions.
The case has now been remitted to a fresh Employment Tribunal for a complete re-hearing. This decision serves as a reminder to employers and legal practitioners alike that discrimination claims require a thorough, evidence-based assessment that considers the broader workplace context.
Read the entire judgment here: Mrs S Talbot v Costain Oil, Gas and Process Ltd and Others UKEAT/0283/16/LA
