GFTU Emplaw Emplaw Emplaw

Arrowsmith v Nottingham Trent University - Appeal effectively just claiming Tribunal was "wrong" cannot proceed - no matter how often one tries [2010] EAT

Questions of fact, including whether a party is telling the truth, are for an employment tribunal to decide: however unpalateable they may be, the findings can only be challenged on appeal if an error of law is identified. 

Agency worker Ms Arrowsmith was interviewed for a post at Nottingham Trent University, where she worked. She was unsuccessful, and so brought a claim of sexual discrimination, saying that this was only because two of the interview panel knew that she was pregnant. After a four-day hearing, the Nottingham Employment Tribunal, faced with a straight conflict of evidence between the the two sides (claiming and denying knowledge of her pregnancy on the panel's part) found in the University's favour. Ms Arrowsmith went on to make full use of all the avenues available to her to contest that decision.

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Login or subscribe (includes subscription information) to access the full content of this page.