Curley v Chief Constable of the Police Service of Northern Ireland [2008] NIFET 140_00 FET (17 November 2008)

Curley v Chief Constable of the Police Service of Northern Ireland [2008] NIFET 140_00 FET (17 November 2008)

The claimant was subjected to religious discrimination in promotion, entitling him to compensation for pecuniary loss and injury to feelings, with interest calculated from the date of the unlawful act. Insufficient evidence was provided for additional threshold payments or overtime as a senior Sergeant. The tribunal lacked power to order reinstatement of paid leave or rest days.

Citation
[2008] NIFET 140_00 FET
Parties
Claimant: Kevin Curley; First Named Respondent: Chief Constable of the Police Service of Northern Ireland; Second Named Respondent: Superintendent McCallum
Jurisdiction
Northern Ireland
Judgment Date
17 November 2008
Procedural Posture
Fair Employment Tribunal / Remedy Hearing Following Finding of Discrimination
Outcome
Claim upheld on remedy; compensation awarded to claimant.
Legal Topics
Religious Discrimination, Remedies, Injury to Feelings, Interest on Compensation
Employment Law Anti Discrimination Law Religious Discrimination Remedies Injury to Feelings Interest on Compensation

Case Brief

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Parties

Kevin Curley

Claimant

Chief Constable of the Police Service of Northern Ireland

First Named Respondent

Superintendent McCallum

Second Named Respondent

Procedural Posture

Fair Employment Tribunal / Remedy Hearing Following Finding of Discrimination

Legal Issues

  1. 1 Assessment of remedy for religious discrimination in promotion
  2. 2 Entitlement to compensation for pecuniary loss and injury to feelings
  3. 3 Entitlement to interest on compensation

Ratio Decidendi

The claimant was subjected to religious discrimination in promotion, entitling him to compensation for pecuniary loss and injury to feelings, with interest calculated from the date of the unlawful act. Insufficient evidence was provided for additional threshold payments or overtime as a senior Sergeant. The tribunal lacked power to order reinstatement of paid leave or rest days.

Court Disposition

Claim upheld on remedy; compensation awarded to claimant.

Orders

  • First-named respondent to pay claimant £10,605.32.