Judgment approved by the court for handing down
Mr J Logo v Payone Gmbh and others
people” for it potentially to have the effect of violating the claimant’s dignity. I have concluded
that the decision in respect of the effect of the conduct must be set aside. I do not accept that there
can only be one answer once the necessary factors are taken into account because the advert that Mr
Schrader circulated clearly appears to be debunking the analogy it set up between pure blonde beer
and a utopia inhabited by pure white blond people. The “effect” issue shall be remitted to the
Employment Tribunal for redetermination, including the time issue in respect of this allegation. The
“purpose” issue is not remitted. It was not challenged in the appeal.
Disposal
52.
I have had regard to the principles in Sinclaire Roche & Temperley v Heard [2004] IRLR.
763. The vast majority of the findings of the Employment Tribunal were not challenged in this
appeal. The Employment Tribunal erred in its analysis of a small number of the complaints it had to
determine. The issues raised by these complaints were not straightforward. The existing panel can
be trusted to deal with the remission in accordance with their judicial oath and to take full account
of this judgment. The existing panel will be best placed to deal with the causation issue (issue 15)
which as the respondent points out was only assessed in relation to the harassment complaints that
were upheld.
© EAT 2025
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[2025] EAT 95