McGrath v Department of Justice (Discrimination - Age Discrimination - Equal Pay Discrimination - Sex) [2019] NIIT 06490_17IT (25 July 2019)

McGrath v Department of Justice (Discrimination - Age Discrimination - Equal Pay Discrimination - Sex) [2019] NIIT 06490_17IT (25 July 2019)

The claimant was engaged in like work with male comparators MK and NMcS from 7 October 2011. The first respondent failed to prove that the pay variation was genuinely due to a material factor not related to sex. Therefore, the claimant is entitled to equal pay under the Equal Pay Act (Northern Ireland) 1970. Claims for age discrimination and direct sex discrimination are dismissed as not pursued or not substantiated.

Citation
[2019] NIIT 06490_17IT
Parties
Claimant: Teresa Marie McGrath; First Respondent: Department of Justice; Second Respondent: Department of Finance
Jurisdiction
Northern Ireland
Judgment Date
25 July 2019
Procedural Posture
Industrial Tribunal / Liability Determination; Remedies Hearing to Be Arranged
Outcome
Claim for equal pay against first respondent upheld; claims for age discrimination and sex discrimination dismissed; claim against second respondent dismissed.
Legal Topics
Equal Pay, Sex Discrimination, Age Discrimination
Employment Law Equality Law Equal Pay Sex Discrimination Age Discrimination

Case Brief

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Parties

Teresa Marie McGrath

Claimant

Department of Justice

First Respondent

Department of Finance

Second Respondent

Procedural Posture

Industrial Tribunal / Liability Determination; Remedies Hearing to Be Arranged

Legal Issues

  1. 1 Whether the claimant was entitled to equal pay under the Equal Pay Act (Northern Ireland) 1970
  2. 2 Whether the claimant was directly discriminated against on grounds of sex under the Sex Discrimination (Northern Ireland) Order 1976
  3. 3 Whether the claimant was discriminated against on grounds of age under the Employment Equality (Age) Regulations (Northern Ireland) 2006

Ratio Decidendi

The claimant was engaged in like work with male comparators MK and NMcS from 7 October 2011. The first respondent failed to prove that the pay variation was genuinely due to a material factor not related to sex. Therefore, the claimant is entitled to equal pay under the Equal Pay Act (Northern Ireland) 1970. Claims for age discrimination and direct sex discrimination are dismissed as not pursued or not substantiated.

Court Disposition

Claim for equal pay against first respondent upheld; claims for age discrimination and sex discrimination dismissed; claim against second respondent dismissed.

Orders

  • First respondent found in breach of Equal Pay Act (Northern Ireland) 1970; claimant entitled to equal pay.
  • Remedies hearing to be arranged to determine compensation or other remedies.