ET should not cast aspersions

Hobson v Hackney LBC (CA TLR 22 October)

When dismissing a complainant’s complaint based on sex discrimination because of her belief that the conduct complained of was offensive and on the grounds of sex, the Employment Tribunal should have taken that subjective view into account. If the tribunal concluded, having considered all the relevant circumstances, that the conduct complained of did not amount to a detriment to the complainant, whether because, viewed objectively, it could not be taken to be offensive or on the ground of sex or any other reason, the tribunal should so indicate, without casting a further aspersion on the complainant about undue sensitivity or hyper-sensitivity. Such comments were best avoided in relation to finding some allegations of discrimination.