Faulkner & Ors v BT (Northern Ireland) & Ors [2008] NICA 39 (5 August 2008)

Faulkner & Ors v BT (Northern Ireland) & Ors [2008] NICA 39 (5 August 2008)

The Court of Appeal declined to answer the preliminary issue, holding that the question of comparators for indirect discrimination under the 1997 Order requires a full substantive hearing to examine all relevant circumstances; the tribunal should not have determined the issue in isolation.

Citation
[2008] NICA 39
Parties
Claimant/respondent: Andrew Alexander Faulkner; Claimant/respondent: Peter Rogan; Claimant/respondent: Robert David Johnston; Respondent/appellant: BT plc; Respondent/appellant: BT (Northern Ireland); Respondent/appellant: BT Cellnet; Respondent/appellant: BT Wholesale; Respondent/appellant: O plc
Jurisdiction
Northern Ireland
Judgment Date
05 August 2008
Procedural Posture
Appeal by Way of Case Stated From Industrial Tribunal / Preliminary Issue on Comparator for Indirect Discrimination
Outcome
Preliminary issue not answered; matter remitted to tribunal for substantive hearing.
Legal Topics
Indirect Race Discrimination, Comparators in Discrimination Claims, Statutory Interpretation, Territorial Scope of Anti Discrimination Legislation
Employment Law Equality Law Indirect Race Discrimination Comparators in Discrimination Claims Statutory Interpretation Territorial Scope of Anti Discrimination Legislation

Case Brief

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Parties

Andrew Alexander Faulkner

Claimant/respondent

Peter Rogan

Claimant/respondent

Robert David Johnston

Claimant/respondent

BT plc

Respondent/appellant

BT (Northern Ireland)

Respondent/appellant

BT Cellnet

Respondent/appellant

BT Wholesale

Respondent/appellant

O plc

Respondent/appellant

Procedural Posture

Appeal by Way of Case Stated From Industrial Tribunal / Preliminary Issue on Comparator for Indirect Discrimination

Legal Issues

  1. 1 Can employees in Northern Ireland compare their treatment to employees in Great Britain for the purposes of an indirect discrimination claim under article 3(1)(b) of the Race Relations (Northern Ireland) Order 1997?
  2. 2 Should the relevant comparator be restricted to employees within Northern Ireland or include those in Great Britain?

Ratio Decidendi

The Court of Appeal declined to answer the preliminary issue, holding that the question of comparators for indirect discrimination under the 1997 Order requires a full substantive hearing to examine all relevant circumstances; the tribunal should not have determined the issue in isolation.

Court Disposition

Preliminary issue not answered; matter remitted to tribunal for substantive hearing.

Orders

  • Matter remitted to Industrial Tribunal for hearing on all substantive issues.
  • Court refused to answer the question posed in the case stated.