The Claimant, an equalities officer, brought race and sex discrimination claims against her employer.
During day three of the four-day hearing, once Ms Timbo had concluded her evidence, the employer applied for the claim to be struck out on the grounds that there was no case to answer. The application succeeded. Ms Timbo’s case depended to a large extent on her credibility and the tribunal found her credibility so flawed that her evidence could not be relied on at all.
Ms Timbo appealed and won. The Employment Appeal Tribunal (EAT) held that there was a core of disputed facts which could only be determined by hearing all of the evidence, and not just the Claimant’s.
It is one thing, the EAT said, to take a ‘half-time’ view that one side’s evidence is unsatisfactory and is unlikely to be accepted unless there is evidence to the contrary. It’s another thing to conclude that a witness’evidence must inevitably be rejected completely even if there is no evidence to contradict it.
The tribunal should have heard the case in full and determined the outcome in the light of all of the evidence.
George Green LLP Solicitors