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Insights / News
Tom Gibson appeared for the successful appellant in the Court of Appeal in Duffy v George [2013] EWCA Civ 908 (http://www.bailii.org/ew/cases/EWCA/Civ/2013/908.html).
In allowing the appeal and remitting the case, the Court of Appeal set out useful guidance on how employment tribunals should set fair procedures for accommodating vulnerable witnesses.
In particular, the Court of Appeal said that in sexual harassment cases employment tribunals could consider (1) putting questions to a party itself rather than allowing a claimant to be cross-examined by a respondent in person, (2) hearing evidence from each party separately and in the absence of the other party, and (3) allowing witnesses to give evidence from behind screens, as happens in the criminal courts.
Tom appeared for the appellant via the Free Representation Unit (FRU), a charity that provides pro bono legal advice, case preparation and advocacy (see www.thefru.net).
News 24 Jul, 2013