Bialczyk & Anor v McGrady & Byrne (t/a Provincial Care Service Agency) [2009] NIIT 73_08IT (26 June 2009)

Bialczyk & Anor v McGrady & Byrne (t/a Provincial Care Service Agency) [2009] NIIT 73_08IT (26 June 2009)

The claimants proved facts from which discrimination on grounds of race and national origin could be inferred, and respondents failed to provide an adequate non-discriminatory explanation for the pay differential. The 'package' argument was not substantiated or logically connected to pay rates. The Tribunal found direct discrimination in pay rates against the claimants, both of Polish origin, compared to Northern Irish/British employees.

Citation
[2009] NIIT 73_08IT
Parties
Claimant: Jacek Bialczyk; Claimant: Joanna Gwiazda; Respondent: Imelda McGrady; Respondent: Monica Byrne
Jurisdiction
Northern Ireland
Judgment Date
26 June 2009
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claims upheld for direct race discrimination in pay rates.
Legal Topics
Race Discrimination, Equal Pay, Statutory Grievance Procedure
Employment Law Equality Law Race Discrimination Equal Pay Statutory Grievance Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Jacek Bialczyk

Claimant

Joanna Gwiazda

Claimant

Imelda McGrady

Respondent

Monica Byrne

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether respondents breached Article 6(2)(a) and (c) of the Race Relations (Northern Ireland) Order 1997 in relation to pay rates
  2. 2 Whether direct discrimination occurred contrary to Article 3(1)(a) of the 1997 Order
  3. 3 Whether any indirect discrimination occurred contrary to Article 3(1A) of the 1997 Order

Ratio Decidendi

The claimants proved facts from which discrimination on grounds of race and national origin could be inferred, and respondents failed to provide an adequate non-discriminatory explanation for the pay differential. The 'package' argument was not substantiated or logically connected to pay rates. The Tribunal found direct discrimination in pay rates against the claimants, both of Polish origin, compared to Northern Irish/British employees.

Court Disposition

Claims upheld for direct race discrimination in pay rates.

Orders

  • Respondents ordered to pay Jacek Bialczyk £14,086.26 as compensation.
  • Respondents ordered to pay Joanna Gwiazda £8,787.68 as compensation.