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Warby v Wunda Group Plc - Context is vital to determine whether words are discriminatory or not [2012] EAT

When deciding whether words said by an employer to an employee that refer to a particular characteristic of that employee constitute discrimination or harassment, the context in which those word were spoken is important. This is a matter of fact, to be determined by the tribunal, as it determines the reason why the alleged conduct took place. . 

At a grievance meeting between Ms Warby and a manager named Mr Pugh, there was a disagreement about the terms of pay that had been agreed when Ms Warby began her employment. Both parties considered the other to be lying about the issue. Ms Warby was pregnant at this time and, during what became a heated discussion, Mr Pugh asked her why she had lied about suffering a previous miscarriage. The reason for this belief was information Ms Warby had posted on facebook that seemed to suggest she suffered a miscarriage with her first pregnancy after she became pregnant for the second time. She denied lying about the matter.

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