The Claimant, a litigant in person, made allegations of harassment related to both sex and race. The ET found that there had been two instances of harassment related to sex. However, it failed to address another particular alleged incident to which the Claimant had referred in her witness statement, in which it was said that the Second Respondent had touched her neck and made a personal remark that related both to sex and to race. She appealed to the EAT.

The EAT allowed the appeal. The alleged incident was within scope of the original particulars of claim. Given that the Claimant was a litigant in person, and had never been directed to provide particulars, it was not fair to the Claimant for the ET to have done nothing in relation to it. The matter was remitted to the same ET to consider and determine whether this alleged incident happened, and whether it amounted to a further instance of harassment, related to both race and sex. Were it to find that the Second Respondent did make the remark that the Claimant alleged, the ET would then also need to consider whether that cast in a different light, the complaint that the two other incidents which the ET had already found amounted to harassment related to sex, were also related to race.