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B and another v A

sex discrimination | lack of disciplinary process | not gender motivated

The Employment Appeal Tribunal (EAT) has overturned an employment tribunal finding that an employer was motivated by an employee's gender when it failed to follow its disciplinary process when it dismissed him, following an allegation of rape made against him. The EAT held that, although tribunals must be alive to the fact that stereotypical views of male and female behaviour exist, there must be evidence for a tribunal to conclude that an employer has been motivated by those views.