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Employment Law

Legal guidance - compliance - software

02 MAY 2012

HSBC Asia Holdings BV v Gillespie [2011] IRLR 209

Sexual discrimination - background evidence

19 November 2010

Employment Appeal Tribunal

Underhill J (P)

G complained of sexual harassment, unlawful detriment for whistle-blowing and unfair dismissal. She worked as a Project Manager at the Respondent's office in St James' in London. She wished to rely on earlier incidents of alleged sexual harassment to back up her claim, arguing that they showed a culture in which offensive sexist remarks were regarded as acceptable. Those earlier incidents all occurred when G was working in the Far East or at another London office. The employment tribunal judge ruled that she could rely on evidence of those earlier incidents - observing that although tribunals were often criticized for not being robust enough about excluding evidence if it was irrelevant, they tended to be ‘slapped down' by the EAT and Court of Appeal if they did exclude it.

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