Kennedy v Down Lisburn Trust [2007] NIFET 90_02 (01 March 2007)

Kennedy v Down Lisburn Trust [2007] NIFET 90_02 (01 March 2007)

The respondents unlawfully discriminated against the claimants by failing to advertise and properly recruit for Clinical Services Manager posts, resulting in less favourable treatment on grounds of religious belief and sex. The explanations offered by the respondents were inadequate to discharge the burden of proof.

Citation
[2007] NIFET 90_02
Parties
Claimant: Leontia Kennedy; Claimant: Jim Smyth; Respondent: Down Lisburn Trust; Respondent: Alan Finn; Respondent: Eileen Harvey
Jurisdiction
Northern Ireland
Judgment Date
01 March 2007
Procedural Posture
Fair Employment Tribunal / Merits Hearing; Liability Judgment
Outcome
Liability judgment for claimants; unlawful discrimination found.
Legal Topics
Religious Discrimination, Sex Discrimination, Recruitment Procedures, Burden of Proof, Statutory Questionnaire Procedure
Employment Law Equality Law Discrimination Law Religious Discrimination Sex Discrimination Recruitment Procedures Burden of Proof Statutory Questionnaire Procedure

Case Brief

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Parties

Leontia Kennedy

Claimant

Jim Smyth

Claimant

Down Lisburn Trust

Respondent

Alan Finn

Respondent

Eileen Harvey

Respondent

Procedural Posture

Fair Employment Tribunal / Merits Hearing; Liability Judgment

Legal Issues

  1. 1 Whether the respondents unlawfully discriminated against the claimants on grounds of religious belief and sex
  2. 2 Whether recruitment and appointment procedures breached equality requirements
  3. 3 Whether failure to advertise posts constituted less favourable treatment

Ratio Decidendi

The respondents unlawfully discriminated against the claimants by failing to advertise and properly recruit for Clinical Services Manager posts, resulting in less favourable treatment on grounds of religious belief and sex. The explanations offered by the respondents were inadequate to discharge the burden of proof.

Court Disposition

Liability judgment for claimants; unlawful discrimination found.

Orders

  • Respondents found to have unlawfully discriminated against Leontia Kennedy on grounds of religious belief.
  • Third-named respondent (Eileen Harvey) found to have unlawfully discriminated against Leontia Kennedy in failing to provide book allowances and failing to authorise 100% funding for a post-graduate diploma course.