McAleenon v Autism Initiatives NI [2013] NIIT 815/12

Posted In: Case Law
  • Case Reference
    NIIT 815/12
  • Legal Body
    NI Industrial/Employment Tribunal (NIIET)
  • Type of Claim / Jurisdiction
    Dismissal, Discrimination
Issues covered: Constructive Dismissal; Sexual Harassment

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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This article is correct at 19/04/2013

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