Peebles v First Choice Selection Service... [2015] NIIT 1590_14IT (08 May 2015)

Peebles v First Choice Selection Service... [2015] NIIT 1590_14IT (08 May 2015)

The respondent breached Article 112F by refusing the flexible working request on a prohibited ground (avoidance of precedent) and failing to provide a meaningful right of appeal; these breaches justify compensation but do not amount to constructive dismissal or actionable discrimination under the Sex Discrimination Order.

Citation
[2015] NIIT 1590_14IT
Parties
Claimant: Sarah Michelle Peebles; Respondent: First Choice Selection Services Ltd
Jurisdiction
Northern Ireland
Judgment Date
08 May 2015
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim for breach of Article 112F upheld; all other claims dismissed.
Legal Topics
Flexible Working, Constructive Dismissal, Sex Discrimination, Maternity Leave
Employment Law Discrimination Law Flexible Working Constructive Dismissal Sex Discrimination Maternity Leave

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Parties

Sarah Michelle Peebles

Claimant

First Choice Selection Services Ltd

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the respondent breached Article 112F of the Employment Rights (Northern Ireland) Order 1996 regarding flexible working requests
  2. 2 Whether the claimant was constructively dismissed under unfair dismissal and sex discrimination legislation
  3. 3 Whether the respondent engaged in discriminatory mistreatment contrary to Article 8(2) of the Sex Discrimination Order 1976

Ratio Decidendi

The respondent breached Article 112F by refusing the flexible working request on a prohibited ground (avoidance of precedent) and failing to provide a meaningful right of appeal; these breaches justify compensation but do not amount to constructive dismissal or actionable discrimination under the Sex Discrimination Order.

Court Disposition

Claim for breach of Article 112F upheld; all other claims dismissed.

Orders

  • Respondent to pay £1,673 to claimant in respect of Article 112F breach.
  • All other complaints dismissed.