McGurnaghan v Grafton Recruitment Limited (Discrimination - Sex Unauthorised Deduction of Wages) [2019] NIIT 01402_15IT (13 May 2019)

McGurnaghan v Grafton Recruitment Limited (Discrimination - Sex Unauthorised Deduction of Wages) [2019] NIIT 01402_15IT (13 May 2019)

The claimant’s claims were dismissed as the tribunal found no unlawful discrimination by either respondent, determined the actions were taken for health and safety reasons, and concluded the claim was presented outside the statutory time limit without sufficient grounds to extend time.

Citation
[2019] NIIT 01402_15IT
Parties
Claimant: Lisa Mary McGurnaghan; First Respondent: Grafton Recruitment Limited; Second Respondent: Police Service of Northern Ireland
Jurisdiction
Northern Ireland
Judgment Date
13 May 2019
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claims dismissed
Legal Topics
Sex Discrimination, Pregnancy Discrimination, Agency Worker Rights, Health and Safety, Extension of Time
Employment Law Discrimination Law Sex Discrimination Pregnancy Discrimination Agency Worker Rights Health and Safety Extension of Time

Case Brief

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Parties

Lisa Mary McGurnaghan

Claimant

Grafton Recruitment Limited

First Respondent

Police Service of Northern Ireland

Second Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was discriminated against on grounds of pregnancy contrary to Article 5A(1)(a) of the Sex Discrimination (Northern Ireland) Order 1976
  2. 2 Whether PSNI's policy constituted less favourable treatment on grounds of pregnancy
  3. 3 Whether the withdrawal from role-plays was for health and safety reasons under Article 52

Ratio Decidendi

The claimant’s claims were dismissed as the tribunal found no unlawful discrimination by either respondent, determined the actions were taken for health and safety reasons, and concluded the claim was presented outside the statutory time limit without sufficient grounds to extend time.

Court Disposition

Claims dismissed