The ET dismissed the claims that the Respondent had sexually harassed the Claimant by exchanging WhatsApp messages which were lewd and had engaged in office banter of a sexual nature. The ET rejected various allegations of sexual harassment on the grounds that the conduct relied on was not “unwanted” by the Claimant and did not have the proscribed effect on her. In doing so they relied in support of their conclusions on her failure to complain about the conduct at the time and on the fact that she appeared to go along with it. The Claimant appealed.

The EAT dismissed the appeal, finding that, in the context of this case and having regard to all the evidence, the ET were entitled to take these points into consideration and to reach the findings of fact which they did.