Colhoun v Schrader Electronics Ltd Schrader Electronics Ltd [2011] NIIT 00352_11IT (22 July 2011)

Colhoun v Schrader Electronics Ltd Schrader Electronics Ltd [2011] NIIT 00352_11IT (22 July 2011)

The respondent failed to properly process the claimant’s flexible working application, warranting compensation. However, the dismissal, though procedurally unfair, was caused by the claimant’s own conduct, justifying a 100% reduction in basic and compensatory awards. No evidence supported sex discrimination.

Citation
[2011] NIIT 00352_11IT
Parties
Claimant: Malcolm Colhoun; Respondent: Schrader Electronics Ltd
Jurisdiction
Northern Ireland
Judgment Date
22 July 2011
Procedural Posture
Industrial Tribunal / Final Decision After Full Hearing
Outcome
Claim partly upheld and partly dismissed
Legal Topics
Flexible Working, Unfair Dismissal, Sex Discrimination, Procedural Fairness
Employment Law Flexible Working Unfair Dismissal Sex Discrimination Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Malcolm Colhoun

Claimant

Schrader Electronics Ltd

Respondent

Procedural Posture

Industrial Tribunal / Final Decision After Full Hearing

Legal Issues

  1. 1 Whether the respondent complied with statutory requirements for flexible working applications
  2. 2 Whether the respondent unlawfully discriminated on grounds of sex regarding flexible working
  3. 3 Whether the claimant was unfairly dismissed under the Employment Rights (Northern Ireland) Order 1996

Ratio Decidendi

The respondent failed to properly process the claimant’s flexible working application, warranting compensation. However, the dismissal, though procedurally unfair, was caused by the claimant’s own conduct, justifying a 100% reduction in basic and compensatory awards. No evidence supported sex discrimination.

Court Disposition

Claim partly upheld and partly dismissed

Orders

  • Respondent to pay claimant compensation of six weeks gross pay (£2,280) for failure to properly process flexible working application
  • Claim for sex discrimination dismissed