McCaughley v Footprints Women's Centre (Discrimination - Age Discrimination - Sex) [2022] NIit 14487_20it (17 May 2022)

McCaughley v Footprints Women's Centre (Discrimination - Age Discrimination - Sex) [2022] NIit 14487_20it (17 May 2022)

The tribunal found the claimant proved facts from which discrimination on grounds of sex and age could be inferred. The respondent failed to provide an adequate non-discriminatory explanation for the withdrawal of the employment offer. The claimant was directly discriminated against on grounds of sex and age.

Citation
[1997] IRLR 519
Parties
Claimant: Gemma; Respondent: Footprints Women's Centre
Jurisdiction
Northern Ireland
Judgment Date
17 May 2022
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claim upheld in part; direct sex and age discrimination established; withdrawn claims dismissed.
Legal Topics
Direct Sex Discrimination, Direct Age Discrimination, Burden of Proof, Remedies for Discrimination
Employment Law Equality Law Direct Sex Discrimination Direct Age Discrimination Burden of Proof Remedies for Discrimination

Case Brief

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Parties

Gemma

Claimant

Footprints Women's Centre

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether withdrawal of conditional offer of employment was discriminatory on grounds of sex and/or age
  2. 2 Whether claimant was an employee entitled to grievance procedures
  3. 3 Whether respondent failed to adhere to grievance procedures

Ratio Decidendi

The tribunal found the claimant proved facts from which discrimination on grounds of sex and age could be inferred. The respondent failed to provide an adequate non-discriminatory explanation for the withdrawal of the employment offer. The claimant was directly discriminated against on grounds of sex and age.

Court Disposition

Claim upheld in part; direct sex and age discrimination established; withdrawn claims dismissed.

Orders

  • Declaration of discrimination
  • Recommendation to respondent