Wilson v Resource (NI) Ltd Robert Simpson Resource (NI) Limited Resource (NI) Limited Robert Simpson Resource (NI) Limited Robert Simpson Resource (NI) Limited Robert Simpson Resource (NI) Limited Robert Simpson Stephen Hancock Robert Simpson Stephen Hancock [2012] NIIT 00204_10IT (25 April 2012)

Wilson v Resource (NI) Ltd Robert Simpson Resource (NI) Limited Resource (NI) Limited Robert Simpson Resource (NI) Limited Robert Simpson Resource (NI) Limited Robert Simpson Resource (NI) Limited Robert Simpson Stephen Hancock Robert Simpson Stephen Hancock [2012] NIIT 00204_10IT (25 April 2012)

The tribunal found that the claimant failed to prove facts from which it could conclude he was treated less favourably on the ground of sex or victimised for protected acts. The investigation and disciplinary process leading to his dismissal were fair and reasonable, and the dismissal was for gross misconduct unrelated to any protected act or prior disciplinary warning. The respondents provided a non-discriminatory explanation for all actions, and the claimant's claims were dismissed in their entirety.

Citation
[2012] NIIT 00204_10IT
Parties
Claimant: William Alwyn Wilson; Respondent: Resource (NI) Limited; Respondent: Robert Simpson; Respondent: Stephen Hancock
Jurisdiction
Northern Ireland
Judgment Date
25 April 2012
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
All claims dismissed
Legal Topics
Disability Discrimination, Sex Discrimination, Unfair Dismissal, Victimisation, Harassment
Employment Law Discrimination Law Disability Discrimination Sex Discrimination Unfair Dismissal Victimisation Harassment

Case Brief

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Parties

William Alwyn Wilson

Claimant

Resource (NI) Limited

Respondent

Robert Simpson

Respondent

Stephen Hancock

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was victimised contrary to Section 55(1) of the Disability Discrimination Act 1995
  2. 2 Whether the claimant was subjected to unlawful discrimination or harassment on the ground of sex contrary to the Sex Discrimination (Northern Ireland) Order 1976
  3. 3 Whether the claimant was unfairly dismissed

Ratio Decidendi

The tribunal found that the claimant failed to prove facts from which it could conclude he was treated less favourably on the ground of sex or victimised for protected acts. The investigation and disciplinary process leading to his dismissal were fair and reasonable, and the dismissal was for gross misconduct unrelated to any protected act or prior disciplinary warning. The respondents provided a non-discriminatory explanation for all actions, and the claimant's claims were dismissed in their entirety.

Court Disposition

All claims dismissed