B v Northern Ireland Prison Servic... [2010] NIIT 244_09IT (18 June 2010)

B v Northern Ireland Prison Servic... [2010] NIIT 244_09IT (18 June 2010)

The tribunal found, on the balance of probabilities, that the claimant was not transferred on the grounds of her sex but for reasons relating to her health and wellbeing following multiple workplace incidents. The tribunal preferred the evidence of the decision-maker and found no credible evidence that gender was a factor in the transfer decision. The claim of sex discrimination was therefore not established.

Citation
[2010] NIIT 244_09IT
Parties
Claimant: B; First Named Respondent: Northern Ireland Prison Service; Second Named Respondent: D
Jurisdiction
Northern Ireland
Judgment Date
18 June 2010
Procedural Posture
Industrial Tribunal (sex Discrimination) / Final Judgment
Outcome
Claim dismissed
Legal Topics
Sex Discrimination, Unfair Treatment, Statutory Grievance Procedure, Vicarious Liability, Anonymity Orders
Employment Law Equality Law Sex Discrimination Unfair Treatment Statutory Grievance Procedure Vicarious Liability Anonymity Orders

Case Brief

Summary, issues, holding and outcome

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Parties

B

Claimant

Northern Ireland Prison Service

First Named Respondent

D

Second Named Respondent

Procedural Posture

Industrial Tribunal (sex Discrimination) / Final Judgment

Legal Issues

  1. 1 Whether the claimant was subjected to unlawful sex discrimination contrary to the Sex Discrimination (Northern Ireland) Order 1976 by being transferred between groups at work
  2. 2 Whether the statutory grievance procedure was completed and, if not, whether this was attributable to the employer

Ratio Decidendi

The tribunal found, on the balance of probabilities, that the claimant was not transferred on the grounds of her sex but for reasons relating to her health and wellbeing following multiple workplace incidents. The tribunal preferred the evidence of the decision-maker and found no credible evidence that gender was a factor in the transfer decision. The claim of sex discrimination was therefore not established.

Court Disposition

Claim dismissed

Orders

  • Permanent Anonymity Order granted for all parties and witnesses
  • Claim of sex discrimination dismissed