McAleenon v Autism Initiatives NI  NIIT 815/12Posted In: Case Law
Case ReferenceNIIT 815/12
Legal BodyNI Industrial/Employment Tribunal (NIIET)
Type of Claim / JurisdictionUnfair Dismissal, Discrimination and Equality
This case illustrates the danger of an employer not being proactive in circumstances where members of staff are known to engage in physical contact; the invasion of someone’s space; and to engage in banter which could be construed as sexual harassment. There is a proactive duty on employers to intervene in such circumstances to ensure that policies are being adhered to in practice. The claimant was employed by the respondent as a support worker. Whilst working on a night shift the claimant was sexually harassed by a co-worker. When the claimant found out she would be again working on night shifts with her harasser she lodged a grievance with the respondent.
The respondent carried out a
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