Accessibility Options
[ text size:
A |
A |
A |
text colour:
yellow on black |
black on yellow |
black on white |
standard colours |
display mode:
text only mode ]
graphics mode ]
yellow on black |
black on yellow |
black on white |
standard colours |
display mode:
text only mode ]
graphics mode ]
Equality Commission
FOR NORTHERN IRELAND
Case decisions
The Equality Commission for Northern Ireland is empowered to assist complainants with complaints of unlawful discrimination and provides legal assistance to a limited number of complainants to bring their complaints to the tribunals or courts. The majority of cases assisted by the Commission settle before reaching a hearing.
This page contains decisions of the tribunals and courts in cases assisted by the Commission. They are organised by issue and can be accessed by clicking on the relevant link. To view the most recent decisions click on the link immediately below.
Recent Decisions - April 2009 to March 2010
|
Issue in Case |
Area of Discrimination |
|---|---|
|
|
 Disability Discrimination |
 Sex Discrimination |
|
 Race Discrimination |
|
 Religious/Political Discrimination |
|
 Sexual Orientation Discrimination |
|
 Hybrid Cases of Discrimination |
|
 Age Discrimination |
ComparatorsDecision on a pre-hearing review of an industrial tribunal holding that, for the purposes of a race discrimination claim, the claimants, as engineers employed by the respondent in Northern Ireland can compare their treatment with that afforded by the respondent to engineers employed within England, Scotland and Wales. April 2006.Judgement of the Court of Appeal. The Appellant challenged the tribunal hearing on pre-hearing review contending that the Race Relations Order did not permit a comparison to be made with individuals outside the territorial jurisdiction of NI. The court declined to express an opinion on the question raised and stated that the matter should not have been tried by the tribunal as a preliminary issue. The case was remitted to the tribunal for the jurisdictional issue to be dealt with within the context of the substantive hearing. August 2008Decision of the Industrial Tribunal dismissing the Claimants’ complaints of indirect race discrimination. The Claimants (3 in total), employed as base site engineers in Northern Ireland, complained that their pay packages were materially different to those enjoyed by base site engineers doing identical work in Britain. They claimed that this was because they were Irish. February 2010Decision of the House of Lords on the identification of an appropriate comparator in a sex discrimination claim; holding that the claimant must compare the treatment afforded to her with that afforded to a man in the same circumstances. February 2003Industrial Tribunal decision on a pre-hearing review holding that the claimant was a disabled person within the meaning of the Disability Discrimination Act 1995 during the relevant period. May 2006. Decision of the Court of Appeal dated 9th October 2008, dismissing the appeal. The position in respect of the tribunal’s finding on pre-hearing review was confirmed. Ms Boyle’s condition falls within the definition of disability under the DDA. ´Deduced effects´ provision applied to the case. The Court clarified the meaning of ´likely to recur´. Industrial Tribunal decision finding that the claimant, who had a cleft lip and palate, has a severe facial disfigurement and is therefore disabled within the meaning of the Disability Discrimination Act 1995. August 2002Industrial Tribunal decision on a pre-hearing review holding that the Claimant, who has dyslexia, falls within the DDA definition of a disabled person. August 2007
Industrial Tribunal decision dismissing the claimant’s complaint of disability discrimination. January 2005Industrial Tribunal Decision dismissing the claimant’s complaint of disability discrimination including failure to make reasonable adjustments. January 2004Decision of the Industrial Tribunal upholding the Claimant’s complaint of sex discrimination in relation to the treatment afforded to her following a period of maternity leave. August 2009Industrial Tribunal decision upholding the claimants’ complaint of race discrimination. The claimants are members of the Irish traveller community and were dismissed from work. October 2006
Mooney & Cafolla v Andras House Ltd
Decision of the Fair Employment Tribunal upholding the Claimant´s complaint that they were subjected to unlawful discrimination contrary to the Fair Employment and Treatment (Northern Ireland) Order 1998, following their dismissal for gross misconduct by the Respondent. January 2008
Mooney & Cafolla v Andras House Ltd
Decision of the Fair Employment Tribunal upholding the Claimant´s complaint that they were subjected to unlawful discrimination contrary to the Fair Employment and Treatment (Northern Ireland) Order 1998, following their dismissal for gross misconduct by the Respondent. January 2008Industrial Tribunal upholding the claimant’s complaint of disability discrimination including a failure to make reasonable adjustments. October 2006Decision of the Industrial Tribunal that the respondent established a genuine material factor defence for the purposes of the Equal Pay Act 1970 (as amended) and the claim for equal pay was therefore dismissed. June 2009Decision of the Industrial Tribunal upholding the Claimant’s complaint of sex discrimination in relation to the treatment afforded to her following a period of maternity leave. August 2009Industrial Tribunal decision dismissing the claimant’s complaint of indirect sex discrimination. April 2005Decision of the Fair Employment Tribunal dismissing the claimant’s complaint of discrimination on grounds of religious belief and political opinion. April 2004Industrial Tribunal decision upholding the Claimant´s complaint against Mr Gallagher but dismissing an allegation of victimisation holding that it did not have jurisdiction to deal with the issue because the act complained of occurred in the Republic of Ireland. August 2005Fidelma Sheerin v Donal Gallagher (NICA)
Decision of the Northern Ireland Court of Appeal holding that the Industrial Tribunal erred in law in deciding that it did not have jurisdiction to hear the claim where the claimant had been employed in Northern Ireland and the act complained of occurred in the Republic of Ireland. Case remitted back to the tribunal to proceed. May 2006Decision of the Industrial Tribunal dismissing the claimant´s complaint of sex discrimination by way of post employment victimisation. The Tribunal held that the relevant provisions of the Sex Discrimination Order do not apply retrospectively. March 2007. Gerald Duffy v Ulsterbus Ltd
Decision of the Fair Employment Tribunal upholding the claimant´s complaint of discrimination on the grounds of his religion. March 2007
Decision of the Fair Employment Tribunal upholding the claimant´s complaint of discrimination on the grounds of his religion. March 2007Industrial Tribunal decision upholding the claimant’s complaint of sex discrimination. September 2003Decision of the Fair Employment Tribunal upholding the claimant’s complaint of religious discrimination. January 2002
County Court judgement upholding the Plaintiffs´ complaints of race, and in the case of McGuinness, race and sex discrimination. The judgement was given orally; each Plaintiff was awarded £7500 for injury to feelings and includes a sum for aggravated damages. Costs awarded to the Plaintiffs. January 2010.Industrial Tribunal decision dismissing the claimant’s complaint of discrimination on the grounds of her sex. April 2003Decision of the Fair Employment Tribunal upholding the claimant’s complaint of discrimination on the grounds of religious belief. November 2003Industrial Tribunal decision upholding the claimant’s complaint of discrimination on the grounds of race. April 1998Decision of the Industrial Tribunal upholding the claimant’s complaint of sex discrimination against the second respondent and dismissing the complaint against the first respondent. December 2002Decision of the Fair Employment Tribunal upholding the claimant’s complaint of discrimination on the grounds of religious belief and political opinion. April 2004Decision of the Industrial Tribunal upholding the Claimant’s complaints of race discrimination and harassment on the grounds of race. The Claimant’s complaint of victimisation was dismissed. July 2009Decision of the Fair Employment Tribunal on a pre-hearing review holding that the tribunal does not have jurisdiction to consider the claims. The claims concern the recruitment of teachers in schools and the “teachers exemption” from the Fair Employment & Treatment (NI) Order 1998. June 2006Decision of the Court of Appeal dismissing the claimants´ appeal against the decision of the Fair Employment Tribunal regarding the "teachers´ exemption" from the Fair Employment & Treatment (NI) Order 1998. May 2007.
Decision of the Industrial Tribunal on a Pre-Hearing Review; the respondent sought to have the case struck out contending that it had little prospect of success. The Tribunal held that this would be inappropriate and directed that the matter proceed to a full hearing on the merits. The decision explores the correct interpretation of the coverage of the Employment Equality (Sexual Orientation) Regulations (NI) 2003. January 2007
Fidelma Sheerin v Frank Sumner t/a Strabane Garden Centre & Donal Gallagher
Industrial Tribunal decision upholding the Claimant´s complaint against Mr Gallagher but dismissing an allegation of victimisation holding that it did not have jurisdiction to deal with the issue because the act complained of occurred in the Republic of Ireland. August 2005
Fidelma Sheerin v Frank Sumner t/a Strabane Garden Centre & Donal Gallagher
Industrial Tribunal decision upholding the Claimant´s complaint against Mr Gallagher but dismissing an allegation of victimisation holding that it did not have jurisdiction to deal with the issue because the act complained of occurred in the Republic of Ireland. August 2005Decision of the Northern Ireland Court of Appeal holding that the Industrial Tribunal erred in law in deciding that it did not have jurisdiction to hear the claim where the claimant had been employed in Northern Ireland and the act complained of occurred in the Republic of Ireland. Case remitted back to the tribunal to proceed. May 2006Decision of the Industrial Tribunal dismissing the claimant´s complaint of sex discrimination by way of post employment victimisation. The Tribunal held that the relevant provisions of the Sex Discrimination Order do not apply retrospectively. March 2007.Decision of the Industrial Tribunal in a disability discrimination claim holding that the application was not made within the prescribed time limits and that it was not appropriate for the tribunal to exercise its discretion under the “just and equitable” principle. The tribunal also decided that the claimant had not been discriminated against on account of her disability. May 2003Decision of the Fair Employment Tribunal on a pre-hearing review holding that although the claims of religious, political and racial discrimination were not presented within the time limits, it is just & equitable for the tribunal to hear the claim. July 2006Decision of the Fair Employment Tribunal dismissing the claim and holding that the claimant, a volunteer, was not employed by the respondent and no contractual relationship existed between the parties. October 2004Decision of the Fair Employment Tribunal finding that the applicant’s belief that workers have the right to collectively organise and bargain constitutes a political opinion within the meaning of the Fair Employment and Treatment Order. July 2002Northern Ireland Court of Appeal decision holding that the Industrial Tribunal has jurisdiction to hear and determine a sex discrimination complaint brought by the claimant who was contracted “personally to execute work or labour”. September 2003County Court judgment finding that an agreement concerning the sale of land was tainted with unlawful discrimination on the grounds of religious belief/political opinion. June 2005Decision of the Industrial Tribunal dismissing the Claimant’s complaints of direct and indirect sex discrimination in relation to the provision of individual heavy anti-ballistic Personal Protective Equipment. August 2009Decision of the Northern Ireland Court of Appeal reversing the decision of the Fair Employment Tribunal (see below) and holding that the treatment complained of was not on the grounds of religious belief. Decision of an Industrial Tribunal dismissing the claimant´s complaint of disability discrimination relating to the provision of reasonable adjustments in the workplace. November 2007Decision of the Fair Employment Tribunal finding that the respondents unlawfully discriminated against the claimant on the grounds of religious belief and sex and by way of victimisation. May 2004Decision of the County Court upholding the Plaintiffs’ complaints of disability discrimination in the provision of a holiday. May 2004Decision of the Fair Employment Tribunal holding that the Masonic Order is a religious belief for the purposes of the Fair Employment & Treatment (NI) Order 1998 and upholding the claimant’s complaint of religious discrimination. September 2006Decision of the Belfast Recorder´s Court upholding the Plaintiff´s complaint of race discrimination including victimisation. May 2009
Industrial Tribunal decision finding that the claimant was unlawfully discriminated against contrary to the Disability Discrimination Act 1995. March 2006County Court judgment upholding the plaintiffs’ complaints of race discrimination in the provision of goods, facilities & services. November 2000Decision of the Fair Employment Tribunal upholding the claimant’s complaint of discrimination on the grounds of religious belief. October 2005Decision of the Industrial Tribunal dismissing the Claimants’ complaints of indirect race discrimination. The Claimants (3 in total), employed as base site engineers in Northern Ireland, complained that their pay packages were materially different to those enjoyed by base site engineers doing identical work in Britain. They claimed that this was because they were Irish. February 2010Decision of the Fair Employment Tribunal dismissing the claimant’s complaints of discrimination on the grounds of religious belief and victimisation. September 2005.The claimant appealed the decision of the Tribunal to the Court of Appeal, however the matter settled prior to hearing.
Decision of the Fair Employment Tribunal finding that the claimant was unlawfully discriminated against on the ground of religious belief. October 1998This decision was subsequently reversed by the Northern Ireland Court of Appeal (see above).
Decision of the Industrial Tribunal dismissing the claimants’ complaints of race discrimination. April 2004County Court judgment upholding the plaintiffs’ complaints of race discrimination in the provision of goods, facilities & services. February 1999Industrial Tribunal decision upholding the claimant’s complaint of indirect sex discrimination. February 2004Decision of the Industrial Tribunal upholding the Claimant’s complaint of sex discrimination in relation to the treatment afforded to her following a period of maternity leave. August 2009Michelle Graham v Millisle Newsagents
Industrial Tribunal decision upholding the claimant´s complaint of sex discrimination. March 2008
Industrial Tribunal decision upholding the claimant´s complaint of sex discrimination. March 2008Decision of the Fair Employment Tribunal upholding the claimant’s complaint of sex discrimination. June 2005The decision of the Fair Employment Tribunal was appealed to the Northern Ireland Court of Appeal which held that the tribunal erred in law in making no award for injury to feelings. May 2006Decision of the Industrial Tribunal upholding the Claimant’s complaint of sex discrimination in relation to the treatment afforded to her following a period of maternity leave. August 2009Victoria Patefield v Belfast City Council
Decision of the Northern Ireland Court of Appeal upholding the Industrial Tribunal’s finding that the claimant had been discriminated against on the grounds of her sex. The appeal raises issues relating to the rights and remedies of temporary contract/agency workers and the liability of the end user. February 2000Decision of the County Court dismissing the Plaintiff´s complaint that the Defendant failed in its duty to make reasonable adjustment when it refused to provide an interpreter for the deaf to attend an appointment. December 2009.Decision of the Industrial Tribunal upholding the Claimant’s complaint of disability discrimination. The discrimination related to the sickness absences of the claimant and the fact that the respondent failed to make adequate reasonable adjustments to its procedures in dealing with that part of the absence from work which was as a result of disability. November 2008Decision of the Industrial Tribunal dismissing the Claimant’s claims of discrimination on grounds of disability and discrimination for a reason which related to the Claimant’s disability. The Tribunal upheld the Claimant’s complaint regarding the failure of the respondent to comply with its duty to make reasonable adjustments relation to the claimant. June 2009Decision of the County Court finding that the Defendant was in breach of its statutory obligations under the Disability Discrimination legislation in respect of seating arrangements for disabled patrons. £250 and full costs was awarded to each of the plaintiffs. September 2008
Industrial Tribunal decision dismissing the claimant’s complaint that the respondent’s failure to shortlist her for the post of Director of Personnel amounted to sex discrimination. November 2004Arlene McVeigh v UK Passport Agency
Decision of the Northern Ireland Court of Appeal dealing with issues of level of injury to feelings, comparators, application of the burden of proof and the reason for the treatment complained of in a complaint of religious discrimination. November 2000Decision of the Fair Employment Tribunal on a pre-hearing review holding that the tribunal does not have jurisdiction to consider the claims. The claims concern the recruitment of teachers in schools and the “teachers exemption” from the Fair Employment & Treatment (NI) Order 1998. June 2006Decision of the Court of Appeal dismissing the claimants´ appeal against the decision of the Fair Employment Tribunal regarding the "teachers´ exemption" from the Fair Employment & Treatment (NI) Order 1998. May 2007.Catherine Anne Megahey v Action Cancer
Industrial Tribunal decision upholding the claimant’s complaint that she had been unfairly dismissed and discriminated against, on the ground of her sex, in a competition for a post advertised publicly by the respondent. September 2007Decision of an Industrial Tribunal upholding the Claimant´s complaints of race, sex and age discrimination in a recruitment exercise. The Tribunal ordered the Respondent to pay total compensation of £6923.38. December 2009.Decision of the Northern Ireland Court of Appeal dismissing the Appellant´s Appeal against the decision of an Industrial Tribunal. The Claimant suffers from dyslexia and in December was unsuccessful in an application to the Nothern Ireland Housing Executive for appointment as a Graduate Management Trainee. June 2006Decision of the Industrial Tribunal dismissing the claimant’s complaint of indirect sex discrimination when she failed to meet the shortlisting criteria in terms of length of experience for the posts of Chief Executive and Town Clerk. November 2003Decision of the Industrial Tribunal dismissing the claimant’s complaint of direct and indirect race discrimination concerning the equivalence of qualifications for the post of classroom assistant. October 2003Decision of the Industrial Tribunal upholding the claimants’ complaints of discrimination on the grounds of race. June 2002Industrial Tribunal Decision dismissing the claimant’s complaint of unlawful sex discrimination alleging that she had been selected for redundancy and that a man was placed in her former post. October 2004Decision of the Fair Employment Tribunal dismissing the claimant’s complaint of unlawful discrimination on the grounds of religious belief and political opinion. February 2005Decision of the Fair Employment Tribunal upholding the claimant’s complaint of discrimination in the arrangements made to appoint an Assistant Chief Constable on the grounds of religious belief and by way of victimisation. May 2002Industrial Tribunal decision holding that the claimant had not been discriminated against on the grounds of disability. May 2003Decision of the Fair Employment Tribunal dismissing the Claimant´s complaint of religious/political and race discrimination in a recruitment exercise. April 2007.Decision of the Industrial Tribunal upholding the claimant’s complaint of discrimination for a reason related to his disability. May 2003Decision of the Fair Employment Tribunal upholding the claimants’ complaints of discrimination on the grounds of religious belief; and in the case of Jim Smyth, on the grounds of his sex also. March 2007Decision of the Fair Employment Tribunal dismissing the claimant´s complaint of discrimination on the grounds of her sex, religious belief and political opinion. March 2008Mari Johansson v Fountain Street Community Development Association (IT)
Industrial Tribunal decision dismissing the claimant’s complaint of discrimination on the grounds of disability and race. September 2005.Mari Johansson v Fountain Street Community Development Association (NICA)
Decision of the Court of Appeal dismissing the claimant´s appeal of the Tribunal decision in her race discrimination claim. March 2007Decision of the Fair Employment Tribunal dismissing the claimants’ complaints of discrimination on the grounds of political opinion and considering the issue of recruitment of ex-prisoners. December 2006Northern Ireland Court of Appeal decision upholding the Fair Employment Tribunal´s decision dismissing the claimants´ complaints of discrimination on the grounds of political opinion. The case considers the scope of the fair employment legislation in relation to the recruitment of ex-prisoners. February 2008Decision of the House of Lords upholding the Court of Appeals decision that people who have used, or approved the use of, violence for political ends, are not protected against discrimination on the grounds of political opinion, even though they may have changed their views. May 2009Decision of the Industrial Tribunal dismissing the claimant’s complaint of discrimination on the grounds of disability. October 2005Decision of the Northern Ireland Court of Appeal dismissing the claimant’s appeal against the decision of the Industrial Tribunal. November 2006
Industrial Tribunal decision on a pre-hearing review regarding the requirement to present a grievance in writing to the employer and waiting 28 days before presenting a claim to the tribunal. July 2007Rosaleen Carlin v SSA
Industrial Tribunal decision dismissing the claimant’s complaint of sex discrimination. August 2005Decision of the Industrial Tribunal dismissing the claimant’s of discrimination on the grounds of race and sex. November 2006Industrial Tribunal decision dismissing the claimant’s complaint of race discrimination. December 2000Industrial Tribunal decision upholding the Claimant´s complaint that the Respondent´s failure to appoint him amounted to "age discrimination". December 2007Decision of the Industrial Tribunal dismissing the claimant’s complaint of discrimination on the grounds of race. April 2003Decision of the High Court dismissing the application. The case raises issues in relation to the amount and level of instruction provided to the applicant, a disabled school child. November 2006Decision of the Northern Ireland Court of Appeal dismissing the Appellant´s Appeal against the High Court´s decision of November. November 2006Industrial Tribunal decision on a preliminary issue dismissing an application for a restricted reporting order, a register deletion order and a restricted attendance order. April 2005Decision of the High Court to remit the application to a differently constituted tribunal to consider the question of publicity.Industrial Tribunal decision on a pre-hearing review finding that there is no provision in the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (NI) 2005 to delete names from the public register. July 2006JR5 v DARD (NICA)
Decision of the Northern Ireland Court of Appeal holding that the Tribunal had erred in law in determining that it does not have power to make an order to delete the names of the claimant and respondent from the public register. The Court of Appeal also held that the Tribunal erred in law determining that there was no provision in the Industrial Tribunal (Constitution and Rules of Procedure) Regulations (NI) 2005 to delete names from the public register. May 2007
Decision of the Northern Ireland Court of Appeal holding that the Tribunal had erred in law in determining that it does not have power to make an order to delete the names of the claimant and respondent from the public register. The Court of Appeal also held that the Tribunal erred in law determining that there was no provision in the Industrial Tribunal (Constitution and Rules of Procedure) Regulations (NI) 2005 to delete names from the public register. May 2007Industrial Tribunal decision dismissing the claimants’ complaints of victimisation contrary to the Sex Discrimination (NI) Order 1976. December 2004Decision of the Northern Ireland Court of Appeal holding that the Tribunal had failed to take proper account of relevant evidence and remitting the case to a freshly constituted Tribunal. March 2007Decision of the Industrial Tribunal dismissing the claimant’s claims of harassment and direct race discrimination but upholding his complaint of victimisation. June 2008Decision of the Northern Ireland Court of Appeal holding that the Industrial Tribunal erred in law in deciding that it did not have jurisdiction to hear the claim where the claimant had been employed in Northern Ireland and the act complained of occurred in the Republic of Ireland. Case remitted back to the tribunal to proceed. May 2006Decision of the Industrial Tribunal dismissing the claimant´s complaint of sex discrimination by way of post employment victimisation. The Tribunal held that the relevant provisions of the Sex Discrimination Order do not apply retrospectively. March 2007.Decision of the Fair Employment Tribunal finding that the respondents unlawfully discriminated against the claimant on the grounds of religious belief and sex and by way of victimisation. May 2004Decision of the Belfast Recorder’s Court upholding the Plaintiff’s complaint of race discrimination including victimisation. May 2009Industrial Tribunal decision finding that the claimant was unlawfully discriminated against by way of victimisation contrary to the Sex Discrimination (NI) Order 1976. March 2006Decision of the Industrial Tribunal holding that the Respondent victimised the Claimant contrary to the provisions of the Sex Discrimination Order and Race Relations Order. December 2007Decision of the Fair Employment Tribunal dismissing the claimant’s complaints of victimisation contrary to the Fair Employment & Treatment (NI) Order 1998. September 2004Decision of the Fair Employment Tribunal dismissing the claimant’s complaints of victimisation contrary to the Fair Employment & Treatment (NI) Order 1998. September 2005The claimant appealed the decision of the Tribunal to the Court of Appeal, however the matter settled prior to hearing.
About Us |
News |
Your Rights |
Employers |
Service Providers |
The Law |
Policy |
Research |
Publications
Equality House 7 - 9 Shaftesbury Square Belfast BT2 7DP
Telephone: 028 90 500 600 Textphone: 028 90 500 589 Fax: 028 90 248 687
Enquiry Line: 028 90 890 890 Email: information@equalityni.org
Telephone: 028 90 500 600 Textphone: 028 90 500 589 Fax: 028 90 248 687
Enquiry Line: 028 90 890 890 Email: information@equalityni.org
