McNicholl v Bank of Ireland (Unfair Dismissal Discrimination - Age Discrimination - Sex) [2021] NIIT 00002_17IT (22 July 2021)

McNicholl v Bank of Ireland (Unfair Dismissal Discrimination - Age Discrimination - Sex) [2021] NIIT 00002_17IT (22 July 2021)

The tribunal found that the claimant was subjected to sexual harassment by the respondents, as the conduct of the second-named respondent was unwanted, of a sexual nature, and created a hostile and degrading environment. The first-named respondent failed to take adequate steps to prevent the harassment and did not provide proper training or implement its own policies effectively. However, the tribunal found no evidence of harassment on grounds of age or that the claimant was unfairly constructively dismissed. The statutory defences were not made out. The tribunal also determined that only the second-named respondent and certain individuals should be anonymised, balancing open justice...

Citation
[2021] NIIT 00002_17IT
Parties
Claimant: Natasha McNicholl; First Named Respondent: Bank of Ireland; Second Named Respondent: F
Jurisdiction
Northern Ireland
Judgment Date
22 July 2021
Procedural Posture
Industrial Tribunal (northern Ireland) Unfair Dismissal and Discrimination / Judgment on Reconsideration After Court of Appeal Remittal
Outcome
Partially in favour of claimant
Legal Topics
Unfair Dismissal, Sexual Harassment, Age Discrimination, Vicarious Liability, Statutory Defence, Anonymity Orders
Employment Law Discrimination Law Unfair Dismissal Sexual Harassment Age Discrimination Vicarious Liability Statutory Defence Anonymity Orders

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Parties

Natasha McNicholl

Claimant

Bank of Ireland

First Named Respondent

F

Second Named Respondent

Procedural Posture

Industrial Tribunal (northern Ireland) Unfair Dismissal and Discrimination / Judgment on Reconsideration After Court of Appeal Remittal

Legal Issues

  1. 1 Whether the claimant was subjected to sexual harassment as defined by Article 6A of the Sex Discrimination (Northern Ireland) Order 1976
  2. 2 Whether the claimant was subjected to harassment on grounds of age under Regulation 6 of the Employment Equality (Age) Regulations (Northern Ireland) 2006
  3. 3 Whether the claimant was unfairly constructively dismissed

Ratio Decidendi

The tribunal found that the claimant was subjected to sexual harassment by the respondents, as the conduct of the second-named respondent was unwanted, of a sexual nature, and created a hostile and degrading environment. The first-named respondent failed to take adequate steps to prevent the harassment and did not provide proper training or implement its own policies effectively. However, the tribunal found no evidence of harassment on grounds of age or that the claimant was unfairly constructively dismissed. The statutory defences were not made out. The tribunal also determined that only the second-named respondent and certain individuals should be anonymised, balancing open justice...

Court Disposition

Partially in favour of claimant

Orders

  • Claim for unfair constructive dismissal dismissed
  • Claim for harassment on grounds of age dismissed