Ferguson v Concierge Practitioners NI Lim...CPNI Ambulance Services Limite... [2016] NIIT 02238_15IT (18 October 2016)

Ferguson v Concierge Practitioners NI Lim...CPNI Ambulance Services Limite... [2016] NIIT 02238_15IT (18 October 2016)

The tribunal found that Mr Stuewe, as majority shareholder and director, subjected the claimant to daily homophobic harassment over a period of more than three years, constituting a continuing act of discrimination for which the respondent companies are vicariously liable. The conduct was grossly offensive, persistent, and caused significant injury to the claimant's feelings, justifying an award in the mid-Vento range.

Citation
[2016] NIIT 02238_15IT
Parties
Claimant: John Ferguson; Respondent: Concierge Practitioners NI Limited; Respondent: CPNI Ambulance Services Limited
Jurisdiction
Northern Ireland
Judgment Date
18 October 2016
Procedural Posture
Employment Discrimination / Final Tribunal Decision
Outcome
claim upheld
Legal Topics
Harassment, Sexual Orientation Discrimination, Injury to Feelings, Vicarious Liability, Time Limits
Employment Law Equality Law Harassment Sexual Orientation Discrimination Injury to Feelings Vicarious Liability Time Limits

Case Brief

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Parties

John Ferguson

Claimant

Concierge Practitioners NI Limited

Respondent

CPNI Ambulance Services Limited

Respondent

Procedural Posture

Employment Discrimination / Final Tribunal Decision

Legal Issues

  1. 1 Whether the claimant was subjected to harassment on grounds of sexual orientation
  2. 2 Whether the acts constituted a continuing act for limitation purposes
  3. 3 Whether time should be extended for a late claim

Ratio Decidendi

The tribunal found that Mr Stuewe, as majority shareholder and director, subjected the claimant to daily homophobic harassment over a period of more than three years, constituting a continuing act of discrimination for which the respondent companies are vicariously liable. The conduct was grossly offensive, persistent, and caused significant injury to the claimant's feelings, justifying an award in the mid-Vento range.

Court Disposition

claim upheld

Orders

  • Respondents to pay claimant £16,600.00 as compensation for injury to feelings, including interest.