McGreevy v Judith White Peter White [2011] NIIT 01669_10IT (19 May 2011)

McGreevy v Judith White Peter White [2011] NIIT 01669_10IT (19 May 2011)

The claimant was dismissed for a reason connected to her pregnancy, constituting direct sex discrimination and automatic unfair dismissal. The adverse comments and failure to pay for ante-natal appointments were acts of discrimination. The tribunal lacked jurisdiction over the SMP claim as liability was disputed. The claimant was entitled to compensation for injury to feelings, interest, notice pay, and unpaid wages for ante-natal appointments.

Citation
[2011] NIIT 01669_10IT
Parties
Claimant: Caroline McGreevy; Respondent: Judith White; Respondent: Peter White
Jurisdiction
Northern Ireland
Judgment Date
19 May 2011
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim allowed in part; claimant awarded compensation for discrimination and unfair dismissal; SMP claim dismissed for lack of jurisdiction.
Legal Topics
Sex Discrimination, Pregnancy Discrimination, Unfair Dismissal, Statutory Maternity Pay, Ante Natal Appointments, Notice Pay, Jurisdiction of Tribunal
Employment Law Discrimination Law Sex Discrimination Pregnancy Discrimination Unfair Dismissal Statutory Maternity Pay Ante Natal Appointments Notice Pay +1 more

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Parties

Caroline McGreevy

Claimant

Judith White

Respondent

Peter White

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was unfairly dismissed for a reason connected to her pregnancy
  2. 2 Whether the claimant was discriminated against on grounds of sex and pregnancy
  3. 3 Whether the respondents failed to pay Statutory Maternity Pay (SMP)

Ratio Decidendi

The claimant was dismissed for a reason connected to her pregnancy, constituting direct sex discrimination and automatic unfair dismissal. The adverse comments and failure to pay for ante-natal appointments were acts of discrimination. The tribunal lacked jurisdiction over the SMP claim as liability was disputed. The claimant was entitled to compensation for injury to feelings, interest, notice pay, and unpaid wages for ante-natal appointments.

Court Disposition

Claim allowed in part; claimant awarded compensation for discrimination and unfair dismissal; SMP claim dismissed for lack of jurisdiction.

Orders

  • Respondents to pay £7500 for injury to feelings
  • Respondents to pay £650 interest