A v B [2014] NIIT 413_13IT (21 January 2014)

A v B [2014] NIIT 413_13IT (21 January 2014)

The tribunal found the claimant's evidence credible and established a consistent pattern of controlling, harassing, and discriminatory behaviour by the respondent, amounting to constructive dismissal, sex discrimination, sexual harassment, and victimisation. The claims were allowed out of time on just and equitable grounds due to the circumstances of the employment and the claimant's reasons for delay.

Citation
[2014] NIIT 413_13IT
Parties
Claimant: A; Respondent: B
Jurisdiction
Northern Ireland
Judgment Date
21 January 2014
Procedural Posture
Industrial Tribunal / Liability Judgment; Quantum to Be Determined at Later Hearing
Outcome
Claims of constructive dismissal, sex discrimination, sexual harassment, and victimisation are well-founded. Compensation to be determined at a further hearing.
Legal Topics
Constructive Dismissal, Sex Discrimination, Sexual Harassment, Victimisation, Burden of Proof, Time Limits
Employment Law Equality Law Constructive Dismissal Sex Discrimination Sexual Harassment Victimisation Burden of Proof Time Limits

Case Brief

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Parties

A

Claimant

B

Respondent

Procedural Posture

Industrial Tribunal / Liability Judgment; Quantum to Be Determined at Later Hearing

Legal Issues

  1. 1 Whether the claimant was constructively dismissed
  2. 2 Whether the claimant was subjected to sex discrimination
  3. 3 Whether the claimant was sexually harassed

Ratio Decidendi

The tribunal found the claimant's evidence credible and established a consistent pattern of controlling, harassing, and discriminatory behaviour by the respondent, amounting to constructive dismissal, sex discrimination, sexual harassment, and victimisation. The claims were allowed out of time on just and equitable grounds due to the circumstances of the employment and the claimant's reasons for delay.

Court Disposition

Claims of constructive dismissal, sex discrimination, sexual harassment, and victimisation are well-founded. Compensation to be determined at a further hearing.

Orders

  • Matter to be re-listed for hearing on compensation if not agreed between parties.