Cambridgeshire County Council

Judgment approved by the court for a hand down Kemsley v Cambridgeshire County Council © EAT 2024 Page 1 [2024] EAT 180 Neutral Citation Number: [2024] EAT 180 Case No: EA-2022-001021-NLD EMPLOYMENT APPEAL TRIBUNAL Rolls Building Fetter Lane, London, EC4A 1NL Date: 20 November 2024 Before : THE HONOURABLE MR JUSTICE BOURNE - - - - - - - - - - - - - - - - - - - - - Between : MS SUE KEMSLEY Appellant - and – CAMBRIDGESHIRE COUNTY COUNCIL Respondent - - - - - - - - - - - - - - - - - - - - - JAMES WILLIAMS (acting pro bono on a DPA basis) for the Appellant OLIVER LAWRENCE (instructed by Pathfinder Legal Services) for the Respondent Hearing date: 6 November 2024 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment approved by the court for a hand down Kemsley v Cambridgeshire County Council © EAT 2024 Page 2 [2024] EAT 180 SUMMARY SEX DISCRIMINATION, PRACTICE & PROCEDURE, AGE DISCRIMINATION, HARRASSMENT, & VICTIMISATION Where most of an Employment Tribunal’s written reasons were copied from the Respondent’s witness evidence or written submissions and there was no reference to the contents of the Appellant’s witness evidence or written submissions, on the facts of this case the EAT was unable to conclude that there had been a proper judicial evaluation of the issues. A finding that none of a large number of incidents amounted to a detriment for the purpose of a victimisation claim under section 27 of the Equality Act 2010 was insufficiently reasoned, not least where the Respondent had conceded that several of the incidents did amount to detriments. The Employment Tribunal also failed to state its ruling on (1) a contention by the Appellant that a manager of the Respondent had victimised her by dismissing her under the influence of “tainted information” from another employee, (2) a contention that an offensive email amount…