AA v Secretary of State for Business, Energy and Industrial Strategy

EU law – Workplace harassment – Remedy – Diligence on the dependence –Principles of effectiveness and equivalence. Court of Session: Refusing a judicial review petition in which the petitioner, who had not received any of the sums which the employment tribunal had ordered her former employer and line manager to pay her in respect of a claim for harassment on grounds of sex, race and religion, sought review of the respondent's alleged failure properly to implement in Scotland a right, consequent upon the obligations incumbent on the Crown under two EU directives, to arrest on the dependence of a community law-based claim to the employment tribunal, the court held that it was competent for a Scottish court to grant protective diligence for employment tribunal proceedings and the need to seek interim protection in a court, rather than in the tribunal, did not breach the principle of effectiveness, nor did the circumstances of the case give rise to a breach of the principle of equivalence.

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