X v Y [2013] NIIT 00386_13IT (08 October 2013)

X v Y [2013] NIIT 00386_13IT (08 October 2013)

The claimant failed to establish, on the balance of probabilities, that two previous qualifying incidents of third party harassment were reported to the employer as required by statute. Therefore, the essential statutory requirements for employer liability were not met and the claim must be dismissed.

Citation
[2013] NIIT 00386_13IT
Parties
Claimant: X; Respondent: Y
Jurisdiction
Northern Ireland
Judgment Date
08 October 2013
Procedural Posture
Industrial Tribunal Sexual Harassment Claim / Final Judgment
Outcome
Claim dismissed
Legal Topics
Sexual Harassment, Third Party Harassment, Sex Discrimination, Employer Liability
Employment Law Discrimination Law Sexual Harassment Third Party Harassment Sex Discrimination Employer Liability

Case Brief

Summary, issues, holding and outcome

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Parties

X

Claimant

Y

Respondent

Procedural Posture

Industrial Tribunal Sexual Harassment Claim / Final Judgment

Legal Issues

  1. 1 Whether the claimant was sexually harassed contrary to the Sex Discrimination (Northern Ireland) Order 1976 (as amended)
  2. 2 Whether the respondent failed to take reasonably practicable steps to prevent harassment
  3. 3 Whether the claimant's behaviour contributed to the alleged harassment

Ratio Decidendi

The claimant failed to establish, on the balance of probabilities, that two previous qualifying incidents of third party harassment were reported to the employer as required by statute. Therefore, the essential statutory requirements for employer liability were not met and the claim must be dismissed.

Court Disposition

Claim dismissed