McCullough v Queen's University Belfast [2014] NIIT 831_14IT (03 November 2014)

The claimant has established a prima facie case that the promotion criteria constituted an act extending over a period, making the claims potentially timeous. It is inappropriate to strike out the claims of indirect discrimination and victimisation at this stage without a substantive hearing.

Citation: [2014] NIIT 831_14IT
Parties: Claimant: Dr Melissa McCullough; Respondent: Queen’s University Belfast
Jurisdiction: Northern Ireland
Judgment Date: 03 November 2014
Procedural Posture: Industrial Tribunal / Pre Hearing Review
Outcome: Application for strike-out refused
Legal Topics: Indirect Discrimination, Victimisation, Sex Discrimination, Time Limits

Employment Law Equality Law Indirect Discrimination Victimisation Sex Discrimination Time Limits

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 1

Parties

Dr Melissa McCullough

Claimant

Queen’s University Belfast

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review

Legal Issues

1 Whether the claim of unlawful indirect gender discrimination in relation to the 2011/2012 promotion competition was out of time and, if so, whether time should be extended
2 Whether the claim of unlawful victimisation contrary to the Sex Discrimination (Northern Ireland) Order 1976 in respect of the 2011/2012 promotion competition was out of time and, if so, whether time should be extended

Ratio Decidendi

Court Disposition

Application for strike-out refused

Orders

Claims of indirect discrimination and victimisation in relation to the 2011/2012 promotion competition will proceed to substantive hearing
Application to amend claim form postponed pending further medical evidence