Friday Law Report: Sexual Harassment Claim Could Not Be Brought after Employment Had Ended ; 11 May 2001 Rhys-Harper V Relaxion Group PLC Court of Appeal (Lord Justice Pill, Lord Justice Mantell and Lord Justice Buxton) 3 May 2001
Kate O'Hanlon, Barrister, The Independent (London, England)
AN EMPLOYEE could not bring a claim under section 6 of the Sex Discrimination Act 1975 alleging sexual harassment after her employment had been terminated.
The Court of Appeal dismissed the appeal of Christine Rhys- Harper against a decision of the Employment Appeal Tribunal that an employment tribunal had not had jurisdiction to entertain her claim under section 6 of the Sex Discrimination Act 1975 against the Relaxion Group plc.
The employee was dismissed from her employment at a sports centre in October 1998 following a disciplinary hearing into allegations of misconduct in relation to her behaviour towards customers. On 9 November, the employee complained of sexual harassment by the manager of the centre while she was employed there. The employer investigated the claim and concluded that the allegation was unsubstantiated.
The employee applied to an employment tribunal claiming, inter alia, that she had been discriminated against on the ground of her sex contrary to section 6 of the Sex Discrimination Act 1975. The employment tribunal found in favour of the employee, but on the employer's appeal the Employment Appeal tribunal reversed that decision, holding that they ought to follow a previous decision of the Court of Appeal in Post Office v Adekeye  ICR 110 in relation to a claim brought under section 4 of the Race Relations Act 1976.
The employee appealed, and the sole issue before the court was whether the employment tribunal had had jurisdiction to consider her claim brought under section 6 of the 1975 Act, since it had not been brought until after her employment had terminated. Section 6 (2) provided:
"It is unlawful for a person, in the case of a woman employed by him at an establishment in Great Britain, to discriminate …
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Publication information: Article title: Friday Law Report: Sexual Harassment Claim Could Not Be Brought after Employment Had Ended ; 11 May 2001 Rhys-Harper V Relaxion Group PLC Court of Appeal (Lord Justice Pill, Lord Justice Mantell and Lord Justice Buxton) 3 May 2001. Contributors: Kate O'Hanlon, Barrister - Author. Newspaper title: The Independent (London, England). Publication date: May 11, 2001. Page number: 2. © 2009 The Independent - London. Provided by ProQuest LLC. All Rights Reserved.