The claimant worked on an agency basis as an engineer at Sellafield Nuclear Power Plan where she was the only woman on site. After 12 weeks her contract was terminated and she was escorted from the site. She brought claims for sex discrimination and/or harassment based on 17 allegations, including the termination of her contract. The ET rejected all the claims on the basis either that she had not proved the allegation itself or not proved that any treatment or conduct involved was because of or related to her sex.

HHJ Shanks allowed the appeal. The ET had not approached its fact-finding task properly both in relation to finding “primary facts” and in relation to the proper inferences to be drawn on discrimination. They failed to have regard to the overall picture presented by the evidence or the totality of the circumstances from which inferences could be drawn; they failed to make proper assessments of the parties and the witnesses; they failed to properly consider factors pointing towards discrimination; and they placed too ready a reliance on the burden of proof. Overall, this was an error of law and the whole matter was remitted to a fresh Tribunal for re-hearing.