Lappin v Hermes Parcelnet Limited (Discrimination - Religious Belief/ Political opinion) [2019] NIFET 00113_18FET (20 November 2019)
The claimant failed to establish facts from which the tribunal could infer discrimination on grounds of religious belief; the real reason for non-appointment was inferior interview performance, not religious belief. The burden of proof did not shift to the respondent.
- Citation
- [2019] NIFET 00113_18FET
- Parties
- Claimant: Kevin Lappin; Respondent: Hermes Parcelnet Limited
- Jurisdiction
- Northern Ireland
- Judgment Date
- 20 November 2019
- Procedural Posture
- Employment Discrimination / Final Tribunal Decision
- Outcome
- claim dismissed
- Legal Topics
- Religious Discrimination, Recruitment Practices, Burden of Proof, Compensation for Injury to Feelings
Case Brief
Summary, issues, holding and outcome
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Parties
Kevin Lappin
Claimant
Hermes Parcelnet Limited
Respondent
Procedural Posture
Employment Discrimination / Final Tribunal Decision
Legal Issues
- 1 Whether the respondent discriminated against the claimant on grounds of religious belief in not appointing him to the Field Manager post
- 2 Whether the recruitment process and subsequent treatment constituted less favourable treatment compared to an appropriate comparator
- 3 Whether the burden of proof shifted to the respondent under relevant discrimination law
Ratio Decidendi
The claimant failed to establish facts from which the tribunal could infer discrimination on grounds of religious belief; the real reason for non-appointment was inferior interview performance, not religious belief. The burden of proof did not shift to the respondent.
Court Disposition
claim dismissed
Full Case Text
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