XXX v YYY and ZZZ - Video evidence in a sex harassment case [2003] EAT

A nanny claimed that the father of the child she was looking after made unwelcome and improper sexual advances towards her. She had video evidence but a tribunal (having watched the video) ruled that it should not be allowed in evidence as it was wholly consistent with the father's claim that the sexual relationship between him and the nanny was consensual.

The EAT overruled this but held that to protect the interests of the child, who appeared on the video, the video recordings should be viewed by the Employment Tribunal in private.

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