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Banter intimidatory

This report relates to 1 case(s)

The EAT in Driskel v Peninsula Business Services has held that in determining whether sexual banter amounts to sex discrimination, the sex of both the complainant and the alleged discriminator should be taken into account.

The EAT allowed an appeal by a female manager that she had been discriminated against by her head of department as a result of a series of incidents, culminating in a remark on the day before she was to be interviewed by him for a promotion that she should wear a short skirt and see-through blouse showing plenty of cleavage if she wanted to be successful. The EAT said that in a case of sexual remarks, a tribunal should not lose sight of the significance of the sex of both the complainant and the alleged discriminator.