McGuckin v Shelter (Campaign for the Home... Ray Cashell Tony McQuillan [2014] NIIT 494_13IT (14 August 2014)

McGuckin v Shelter (Campaign for the Home... Ray Cashell Tony McQuillan [2014] NIIT 494_13IT (14 August 2014)

The tribunal found that the claimant was not constructively unfairly dismissed, not unlawfully discriminated against, harassed, or victimised on grounds of sex, and did not suffer any breach of contract, unauthorised deduction of wages, or breach of the Working Time Regulations. The tribunal determined that the grievance process was conducted in accordance with the relevant procedures, the composition of the grievance panel was dictated by the procedures and not discriminatory, and there was no evidence of less favourable treatment or harassment related to sex. The claims for financial entitlements were also not substantiated.

Citation
[2014] NIIT 494_13IT
Parties
Claimant: Angela McGuckin; First Respondent: Shelter (Campaign for the Homeless) Northern Ireland Ltd; Second Respondent: Ray Cashell; Third Respondent: Tony McQuillan
Jurisdiction
Northern Ireland
Judgment Date
14 August 2014
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claims dismissed
Legal Topics
Constructive Dismissal, Sex Discrimination, Harassment, Victimisation, Breach of Contract, Working Time Regulations, Unauthorised Deduction of Wages
Employment Law Discrimination Law Constructive Dismissal Sex Discrimination Harassment Victimisation Breach of Contract Working Time Regulations +1 more

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Parties

Angela McGuckin

Claimant

Shelter (Campaign for the Homeless) Northern Ireland Ltd

First Respondent

Ray Cashell

Second Respondent

Tony McQuillan

Third Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was constructively unfairly dismissed contrary to Article 127(c) of the Employment Rights (Northern Ireland) Order 1996
  2. 2 Whether the claimant was subjected to less favourable treatment, harassment, or victimisation on grounds of sex contrary to the Sex Discrimination (Northern Ireland) Order 1976
  3. 3 Whether the claimant suffered breach of contract, unauthorised deduction of wages, or breach of the Working Time Regulations (Northern Ireland) 1998

Ratio Decidendi

The tribunal found that the claimant was not constructively unfairly dismissed, not unlawfully discriminated against, harassed, or victimised on grounds of sex, and did not suffer any breach of contract, unauthorised deduction of wages, or breach of the Working Time Regulations. The tribunal determined that the grievance process was conducted in accordance with the relevant procedures, the composition of the grievance panel was dictated by the procedures and not discriminatory, and there was no evidence of less favourable treatment or harassment related to sex. The claims for financial entitlements were also not substantiated.

Court Disposition

Claims dismissed