McCarron v Manpower UK Limited Daniel Johnston Una Mallon [2011] NIIT 01429_10IT (17 August 2011)

McCarron v Manpower UK Limited Daniel Johnston Una Mallon [2011] NIIT 01429_10IT (17 August 2011)

The claimant failed to establish any repudiatory conduct by Manpower UK Limited that would entitle her to treat the contract as terminated; the handling of her grievance and the disciplinary process did not amount to a breach of contract. There was no evidence of sex discrimination by any respondent; procedural failings and Mr Johnston's misconduct were not linked to gender, and the claims were either out of time or unsupported by evidence.

Citation
[2011] NIIT 01429_10IT
Parties
Claimant: Deirdre McCarron; First Named Respondent: Manpower UK Limited; Second Named Respondent: Daniel Johnston; Third Named Respondent: Una Mallon
Jurisdiction
Northern Ireland
Judgment Date
17 August 2011
Procedural Posture
Industrial Tribunal / Final Judgment After Hearing
Outcome
All claims dismissed
Legal Topics
Constructive Unfair Dismissal, Sex Discrimination, Burden of Proof, Performance Management, Disciplinary Procedures
Employment Law Discrimination Law Constructive Unfair Dismissal Sex Discrimination Burden of Proof Performance Management Disciplinary Procedures

Case Brief

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Parties

Deirdre McCarron

Claimant

Manpower UK Limited

First Named Respondent

Daniel Johnston

Second Named Respondent

Una Mallon

Third Named Respondent

Procedural Posture

Industrial Tribunal / Final Judgment After Hearing

Legal Issues

  1. 1 Whether the claimant was constructively and unfairly dismissed by Manpower UK Limited
  2. 2 Whether the respondents unlawfully discriminated against the claimant on the ground of gender

Ratio Decidendi

The claimant failed to establish any repudiatory conduct by Manpower UK Limited that would entitle her to treat the contract as terminated; the handling of her grievance and the disciplinary process did not amount to a breach of contract. There was no evidence of sex discrimination by any respondent; procedural failings and Mr Johnston's misconduct were not linked to gender, and the claims were either out of time or unsupported by evidence.

Court Disposition

All claims dismissed