British Council

Case Summary

The claimant was employed by the British Council in Morocco. She was subjected to harassment and sexual harassment by a colleague. She raised a grievance which led to a report promulgated on 15 November 2021. The claimant resigned on 22 November 2021 and brought claims for constructive unfair dismissal, direct sex discrimination, harassment, sexual harassment, and victimisation. The ET upheld the core claims (other than victimisation), finding multiple repudiatory breaches of the implied term of trust and confidence, as well as discriminatory and harassing conduct for which the British Council was liable. The ET applied a 35% Polkey reduction to unfair dismissal compensation and a 35% Chagger reduction to the claimant's discrimination compensation. The claimant appealed the 35% deductions; and the British Council cross appealed on jurisdiction, arguing that the sexual harassment claim was out of time and/or time should not have been extended. The EAT allowed the claimant's appeal on the Chagger deduction and dismissed the respondent's cross appeal.

The tribunal found the claimant was subjected to harassment and sexual harassment by a colleague, the grievance process revealed repudiatory breaches of the implied term of trust and confidence, and the British Council was liable for the discriminatory and harassing conduct. The claimant's constructive unfair dismissal and discrimination claims were upheld on their merits.

• •Sex Discrimination
• •Practice & Procedure

Judgment approved by the Court for handing down K J v British Council © EAT 2026 Page 1 [2026] EAT 46 Neutral Citation Number: [2026] EAT 46 Case No: EA-2024-000963-BA EMPLOYMENT APPEAL TRIBUNAL Rolls Building Fetter Lane, London, EC4A 1NL Date: 25 March 2026 Before: THE HONOURABLE MR JUSTICE SHELDON - - - - - - - - - - - - - - - - - - - - Between: K J Appellant/Claimant - and - British Council Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Christopher Milsom (instructed by Stephens Scown LLP) for the Appellant/Claimant Judy Stone KC (instructed by Mills & Reeve) for the Respondent Hearing date: 10 February 2026 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment approved by the Court for handing down K J v British Council © EAT 2026 Page 2 [2026] EAT 46 SUMMARY Sex Discrimination; Practice & Procedure The claimant was employed by the British Council in Morocco. She was subjected to harassment and sexual harassment by a colleague. She raised a grievance which led to a report promulgated on 15 November 2021. The claimant resigned on 22 November 2021 and brought claims for constructive unfair dismissal, direct sex discrimination, harassment, sexual harassment, and victimisation. The Employment Tribunal (“ET”) upheld the core claims (other than victimisation), finding multiple repudiatory breaches of the implied term of trust and confidence, as well as discriminatory and harassing conduct for which the British Council …