Finvola McMullan v Kian Lee T/A China Garden & Others [2018]

Posted In: Case Law
  • Case Reference
    2803/17IT 3075/17IT
  • Legal Body
    Northern Ireland Industrial Tribunal (NIIT)
  • Type of Claim / Jurisdiction
    Discrimination and Equality, Contracts of Employment, Working Time, Pay
Issues covered: Gender Discrimination; Pregnancy; Article 5A of the Sex Discrimination (Northern Ireland) Order 1976; Unlawful Deduction from Wages; Failure to Pay Holiday Pay; Failure to Pay SSP and Maternity Benefit; Failure to Provide a Written Statement of Particulars; Injury to Feelings

The claimant commenced her employment with the respondent Chinese takeaway business in August 2013. She never received a contract of employment or written statement of particulars.

Initially, she worked 39 hours per week until September 2015. She varied her hours by agreement with the respondents so that she did not have to work on Saturdays. This was in order to care for her mother who was suffering from the after-effects of a stroke. In August 2017, the claimant suffered a miscarriage. She only took three days off, for which she arranged alternative cover.
In January 2016, the claimant requested copy pay slips which incorrectly documented that she worked only twenty hours per

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This article is correct at 18/04/2018

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