Ryder v Northern Ireland Policing Board [2007] NICA 43 (23 November 2007)

Ryder v Northern Ireland Policing Board [2007] NICA 43 (23 November 2007)

The tribunal should not have determined the question of whether the claimant's views were protected political opinions as a preliminary issue; the matter requires a full hearing on all substantive issues, as discrimination may arise from the political opinion of either party or their perceived opinions.

Citation
[2007] NICA 43
Parties
Claimant/respondent: Chris Ryder; Respondent/appellant: Northern Ireland Policing Board
Jurisdiction
Northern Ireland
Judgment Date
23 November 2007
Procedural Posture
Appeal by Way of Case Stated From Fair Employment Tribunal / Court of Appeal Judgment on Preliminary Issue
Outcome
Case remitted to tribunal for full hearing; questions in case stated not answered.
Legal Topics
Discrimination on Grounds of Political Opinion, Preliminary Issues in Tribunal Proceedings, Interpretation of 'political Opinion' Under Fair Employment and Treatment (northern Ireland) Order 1998
Employment Law Equality Law Discrimination on Grounds of Political Opinion Preliminary Issues in Tribunal Proceedings Interpretation of 'political Opinion' Under Fair Employment and Treatment (northern Ireland) Order 1998

Case Brief

Summary, issues, holding and outcome

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Parties

Chris Ryder

Claimant/respondent

Northern Ireland Policing Board

Respondent/appellant

Procedural Posture

Appeal by Way of Case Stated From Fair Employment Tribunal / Court of Appeal Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether the claimant's views constitute 'political opinions' under the Fair Employment and Treatment (Northern Ireland) Order 1998
  2. 2 Whether the tribunal erred in determining the issue as a preliminary point
  3. 3 Whether discrimination can be based on the political opinion of the discriminator rather than the victim

Ratio Decidendi

The tribunal should not have determined the question of whether the claimant's views were protected political opinions as a preliminary issue; the matter requires a full hearing on all substantive issues, as discrimination may arise from the political opinion of either party or their perceived opinions.

Court Disposition

Case remitted to tribunal for full hearing; questions in case stated not answered.

Orders

  • Matter remitted to the Fair Employment Tribunal for hearing on all substantive issues raised by the claimant's claim.