Halliday v Royal Mail Group Ltd Royal Mail Group Ltd Paul Corrigan Rory Culbert [2011] NIFET 00047_10FET (30 March 2011)

Halliday v Royal Mail Group Ltd Royal Mail Group Ltd Paul Corrigan Rory Culbert [2011] NIFET 00047_10FET (30 March 2011)

Royal Mail Group Ltd is vicariously liable for sectarian harassment in the form of graffiti by unidentified employees, having failed to take reasonably practicable steps to prevent such acts or establish the employer's defence under Article 36(4). The disciplinary process against the claimant was not tainted by unlawful discrimination.

Citation
[2011] NIFET 00047_10FET
Parties
Claimant: David Halliday; First Named Respondent: Royal Mail Group Ltd; Second Named Respondent: Paul Corrigan; Third Named Respondent: Rory Culbert
Jurisdiction
Northern Ireland
Judgment Date
30 March 2011
Procedural Posture
Fair Employment Tribunal / Final Judgment
Outcome
Claim against Royal Mail Group Ltd for sectarian harassment upheld; claims against Paul Corrigan and Rory Culbert dismissed.
Legal Topics
Sectarian Harassment, Vicarious Liability, Employer's Defence, Injury to Feelings, Investigation Procedures, Burden of Proof
Employment Law Anti Discrimination Law Sectarian Harassment Vicarious Liability Employer's Defence Injury to Feelings Investigation Procedures Burden of Proof

Case Brief

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Parties

David Halliday

Claimant

Royal Mail Group Ltd

First Named Respondent

Paul Corrigan

Second Named Respondent

Rory Culbert

Third Named Respondent

Procedural Posture

Fair Employment Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the respondents unlawfully discriminated against the claimant contrary to the Fair Employment and Treatment (Northern Ireland) Order 1998
  2. 2 Whether the employer is vicariously liable for sectarian harassment by unidentified employees
  3. 3 Whether the employer established the employer's defence under Article 36(4)

Ratio Decidendi

Royal Mail Group Ltd is vicariously liable for sectarian harassment in the form of graffiti by unidentified employees, having failed to take reasonably practicable steps to prevent such acts or establish the employer's defence under Article 36(4). The disciplinary process against the claimant was not tainted by unlawful discrimination.

Court Disposition

Claim against Royal Mail Group Ltd for sectarian harassment upheld; claims against Paul Corrigan and Rory Culbert dismissed.

Orders

  • Royal Mail Group Ltd to pay claimant £7,500.00 for injury to feelings plus £1,250.00 interest, total £8,750.00.
  • Claims against second and third-named respondents dismissed.