Harte Harte v Encirc Limited [2016] NIIT 00037_15FET (19 April 2016)

Harte Harte v Encirc Limited [2016] NIIT 00037_15FET (19 April 2016)

The Tribunal found no evidence that the claimant was treated less favourably on the grounds of sex or political opinion. The actions taken by the respondents were based on operational requirements and the claimant's conduct during the incident on 7 April 2015. The Tribunal was satisfied with the respondents' non-discriminatory explanations and found no ongoing discrimination or conspiracy. The claims were dismissed in their entirety.

Citation
[2016] NIIT 00037_15FET
Parties
Claimant: Avril Harte; Respondent: Encirc Limited; Respondent: John Breen; Respondent: Brian Cosgrove
Jurisdiction
Northern Ireland
Judgment Date
19 April 2016
Procedural Posture
Fair Employment Tribunal / Final Judgment
Outcome
claims dismissed
Legal Topics
Sex Discrimination, Political Opinion Discrimination, Trade Union Activities, Burden of Proof, Time Limits
Employment Law Discrimination Law Sex Discrimination Political Opinion Discrimination Trade Union Activities Burden of Proof Time Limits

Case Brief

Summary, issues, holding and outcome

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Parties

Avril Harte

Claimant

Encirc Limited

Respondent

John Breen

Respondent

Brian Cosgrove

Respondent

Procedural Posture

Fair Employment Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was unlawfully discriminated against on the ground of sex
  2. 2 Whether the claimant was unlawfully discriminated against on the ground of political opinion relating to trade union activities
  3. 3 Whether the claims were presented within the statutory time limits or should be allowed out of time

Ratio Decidendi

The Tribunal found no evidence that the claimant was treated less favourably on the grounds of sex or political opinion. The actions taken by the respondents were based on operational requirements and the claimant's conduct during the incident on 7 April 2015. The Tribunal was satisfied with the respondents' non-discriminatory explanations and found no ongoing discrimination or conspiracy. The claims were dismissed in their entirety.

Court Disposition

claims dismissed