Rea v Grafton Recruitment Agency & Anor [2006] NIIT 9574_03 (22 March 2006)

Rea v Grafton Recruitment Agency & Anor [2006] NIIT 9574_03 (22 March 2006)

The tribunal found that the respondent had shown, on the balance of probabilities and with cogent evidence, that the termination of the claimant's assignment was solely due to the filling of the post by a permanent staff member (Ms Martin) and not in any sense on the ground of sex or pregnancy. The timing and reasons for the transfer were established prior to any knowledge of the claimant's pregnancy-related absence. Therefore, the claim of direct sex discrimination was not made out.

Citation
[2006] NIIT 9574_03
Parties
Claimant: Clare Rea; First Respondent: Grafton Recruitment Agency; Second Respondent: DVLNI
Jurisdiction
Northern Ireland
Judgment Date
22 March 2006
Procedural Posture
Sex Discrimination Claim (industrial Tribunal) / Final Decision After Hearing
Outcome
claim dismissed
Legal Topics
Sex Discrimination, Pregnancy Discrimination, Contract Workers, Burden of Proof, Direct Discrimination
Employment Law Equality Law Sex Discrimination Pregnancy Discrimination Contract Workers Burden of Proof Direct Discrimination

Case Brief

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Parties

Clare Rea

Claimant

Grafton Recruitment Agency

First Respondent

DVLNI

Second Respondent

Procedural Posture

Sex Discrimination Claim (industrial Tribunal) / Final Decision After Hearing

Legal Issues

  1. 1 Whether the claimant was subjected to direct sex discrimination by the respondent in the termination of her temporary assignment, particularly in relation to her pregnancy and pregnancy-related sickness leave.

Ratio Decidendi

The tribunal found that the respondent had shown, on the balance of probabilities and with cogent evidence, that the termination of the claimant's assignment was solely due to the filling of the post by a permanent staff member (Ms Martin) and not in any sense on the ground of sex or pregnancy. The timing and reasons for the transfer were established prior to any knowledge of the claimant's pregnancy-related absence. Therefore, the claim of direct sex discrimination was not made out.

Court Disposition

claim dismissed

Orders

  • The claimant's complaint of sex discrimination is not well founded and is dismissed.
  • The complaint against the first respondent (Grafton Recruitment Agency) was withdrawn and dismissed.