McEvoy v John Joseph Rice John J Rice & Company, Solicit... [2011] NIIT 06564_09IT (12 December 2011)

McEvoy v John Joseph Rice John J Rice & Company, Solicit... [2011] NIIT 06564_09IT (12 December 2011)

The tribunal found that the claimant was treated in the same way as other solicitors regarding sick pay, with full pay for the first week and statutory sick pay thereafter. There was no evidence of less favourable treatment or that the decision was motivated by the claimant’s grievance. The claimant failed to establish a prima facie case of victimisation, and even if she had, there was no evidence of the requisite motive. The claim was dismissed.

Citation
[2011] NIIT 06564_09IT
Parties
Claimant: Yvonne Elizabeth McEvoy; Respondent: John Joseph Rice; Respondent: John J Rice & Company, Solicitors
Jurisdiction
Northern Ireland
Judgment Date
12 December 2011
Procedural Posture
Industrial Tribunal / Remitted Re Hearing Following Court of Appeal Decision
Outcome
Claim dismissed
Legal Topics
Victimisation, Sex Discrimination, Sick Pay, Burden of Proof
Employment Law Discrimination Law Victimisation Sex Discrimination Sick Pay Burden of Proof

Case Brief

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Parties

Yvonne Elizabeth McEvoy

Claimant

John Joseph Rice

Respondent

John J Rice & Company, Solicitors

Respondent

Procedural Posture

Industrial Tribunal / Remitted Re Hearing Following Court of Appeal Decision

Legal Issues

  1. 1 Whether the respondents unlawfully victimised the claimant contrary to Article 6 of the Sex Discrimination (Northern Ireland) Order 1976 by failing to pay full sick pay for the first three months of sick absence and instead placing her on statutory sick pay

Ratio Decidendi

The tribunal found that the claimant was treated in the same way as other solicitors regarding sick pay, with full pay for the first week and statutory sick pay thereafter. There was no evidence of less favourable treatment or that the decision was motivated by the claimant’s grievance. The claimant failed to establish a prima facie case of victimisation, and even if she had, there was no evidence of the requisite motive. The claim was dismissed.

Court Disposition

Claim dismissed