McDonnell v Portglenone Refrigeration Services Limited (Discrimination - Sex Unfair Dismissal Other) [2019] NIIT 06103_18IT (05 August 2019)

McDonnell v Portglenone Refrigeration Services Limited (Discrimination - Sex Unfair Dismissal Other) [2019] NIIT 06103_18IT (05 August 2019)

The claimant was unfairly dismissed due to the respondents' admitted failure to follow the statutory dismissal procedure, making the dismissal automatically unfair. The claim of sex discrimination by victimisation was dismissed as the tribunal found no causal link between the claimant's support for complainants of sexual harassment and his selection for redundancy; the redundancy was genuine and untainted by discrimination.

Citation
[2019] NIIT 06103_18IT
Parties
Claimant: Terence McDonnell; First Respondent: Portglenone Refrigeration Services Limited; Second Respondent: Seamus Magill
Jurisdiction
Northern Ireland
Judgment Date
05 August 2019
Procedural Posture
Industrial Tribunal Unfair Dismissal and Sex Discrimination (victimisation) / Final Judgment After Full Hearing
Outcome
Sex discrimination claim dismissed; unfair dismissal claim upheld.
Legal Topics
Unfair Dismissal, Sex Discrimination, Victimisation, Redundancy, Compensation, Statutory Dismissal Procedure
Employment Law Discrimination Law Unfair Dismissal Sex Discrimination Victimisation Redundancy Compensation Statutory Dismissal Procedure

Case Brief

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Parties

Terence McDonnell

Claimant

Portglenone Refrigeration Services Limited

First Respondent

Seamus Magill

Second Respondent

Procedural Posture

Industrial Tribunal Unfair Dismissal and Sex Discrimination (victimisation) / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the claimant was unfairly dismissed
  2. 2 Whether the claimant was subjected to victimisation contrary to the Sex Discrimination (Northern Ireland) Order 1976

Ratio Decidendi

The claimant was unfairly dismissed due to the respondents' admitted failure to follow the statutory dismissal procedure, making the dismissal automatically unfair. The claim of sex discrimination by victimisation was dismissed as the tribunal found no causal link between the claimant's support for complainants of sexual harassment and his selection for redundancy; the redundancy was genuine and untainted by discrimination.

Court Disposition

Sex discrimination claim dismissed; unfair dismissal claim upheld.

Orders

  • Respondents to pay claimant compensation for unfair dismissal in the sum of £13,007.10