Claimant v Day Nursery (CASE REF: 131/13)

Posted In: Case Law
  • Case Reference
  • Legal Body
    Northern Ireland Industrial Tribunal (NIIT)
  • Type of Claim / Jurisdiction
    Dismissal, Discrimination and Equality
Issues covered: Sex discrimination; Unfair dismissal

This is a case which had been remitted from the Court of Appeal for re-hearing. The issue for the tribunal to consider was first of all, whether the claimant had been automatically unfairly dismissed on grounds of her pregnancy and, secondly, whether she had suffered unlawful sex discrimination on grounds of her pregnancy. The claimant was employed as a full-time room leader. 

The respondent contended that she was dismissed for gross misconduct, namely leaving child F unsupervised in the corridor. There was much conflict of evidence, not least surrounding the allegation that the respondent’s attitude to the claimant changed once they knew she was pregnant. It was held that the claimant

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This article is correct at 14/08/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

John Taggart BL

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