McAleenan v Janet Clarke [2009] NIIT 1118_08IT (24 August 2009)

McAleenan v Janet Clarke [2009] NIIT 1118_08IT (24 August 2009)

The tribunal found that the claimant was unlawfully discriminated against by being treated less favourably on the ground of having exercised her statutory right to maternity leave. The respondents failed to provide an adequate non-discriminatory explanation for the loss of her acting-up duties and pay upon return from maternity leave. The treatment constituted a detriment and breach of statutory rights under the Sex Discrimination (Northern Ireland) Order 1976 and the Maternity and Parental Leave etc. Regulations (Northern Ireland) 1999.

Citation
[2009] NIIT 1118_08IT
Parties
Claimant: Richenda McAleenan; First Named Respondent: Janet Clarke; Second Named Respondent: Ballynahinch Credit Union Ltd
Jurisdiction
Northern Ireland
Judgment Date
24 August 2009
Procedural Posture
Industrial Tribunal (northern Ireland) Sex Discrimination and Maternity Rights / Final Judgment After Substantive Hearing
Outcome
Claim upheld. The claimant was unlawfully discriminated against for exercising her statutory right to maternity leave.
Legal Topics
Sex Discrimination, Pregnancy and Maternity Discrimination, Employment Rights, Maternity Leave, Return to Work Rights, Injury to Feelings, Burden of Proof in Discrimination Cases
Employment Law Equality Law Sex Discrimination Pregnancy and Maternity Discrimination Employment Rights Maternity Leave Return to Work Rights Injury to Feelings +1 more

Case Brief

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Parties

Richenda McAleenan

Claimant

Janet Clarke

First Named Respondent

Ballynahinch Credit Union Ltd

Second Named Respondent

Procedural Posture

Industrial Tribunal (northern Ireland) Sex Discrimination and Maternity Rights / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the claimant was subjected to less favourable treatment on the ground of sex within Article 3(1)(a) of the Sex Discrimination (Northern Ireland) Order 1976
  2. 2 Whether the claimant was discriminated against on the ground of her pregnancy within Article 5A of the Order
  3. 3 Whether the claimant was less favourably treated for exercising a right to maternity leave within Article 5A of the Order

Ratio Decidendi

The tribunal found that the claimant was unlawfully discriminated against by being treated less favourably on the ground of having exercised her statutory right to maternity leave. The respondents failed to provide an adequate non-discriminatory explanation for the loss of her acting-up duties and pay upon return from maternity leave. The treatment constituted a detriment and breach of statutory rights under the Sex Discrimination (Northern Ireland) Order 1976 and the Maternity and Parental Leave etc. Regulations (Northern Ireland) 1999.

Court Disposition

Claim upheld. The claimant was unlawfully discriminated against for exercising her statutory right to maternity leave.

Orders

  • Second-named respondent (Ballynahinch Credit Union Ltd) to pay the claimant a total award of £8,808.45, comprising compensation for injury to feelings, special loss, and interest.