Fair Employment Tribunal Northern Ireland Decisions

 
THE FAIR EMPLOYMENT TRIBUNAL

CASE REF: 99/06 FET

CLAIMANT: Marie Elizabeth Deery

RESPONDENT: GMB Trade Union

DECISION

The unanimous decision of the tribunal is that the claimant was not discriminated against by the respondent on the ground of political opinion; nor was she discriminated against by the respondent on the ground of religious belief.

Constitution of Tribunal:

Chairman: Mr Palmer

Members: Ms Bailey

Mr Roddy

Appearances:

CLAIMANT: The claimant was represented by Mr Shiels, Barrister-at-Law, instructed by Donnelly & Kinder, Solicitors.

RESPONDENT: The respondent was represented by Mr Daly, Solicitor, Francis Hanna & Co.

Chairman:

Date and place of hearing: 25 and 26 June 2007 at Belfast

Date decision recorded in register and issued to parties:

	The Claim	The Claim
1.	The claimant, at the relevant time an employee of, and member of, the Amalgamated Transport and General Workers Union (the T&G), claimed that she was discriminated against by the respondent, which is a trade union (and which we shall refer to as the GMB), on the ground of her political opinion and/or her religious belief, in its failure, inter alia, to shortlist her for the publicly advertised part-time position of Secretary/Clerical Assistant (the post) in the GMB's Londonderry office.	The claimant, at the relevant time an employee of, and member of, the Amalgamated Transport and General Workers Union (the T&G), claimed that she was discriminated against by the respondent, which is a trade union (and which we shall refer to as the GMB), on the ground of her political opinion and/or her religious belief, in its failure, inter alia, to shortlist her for the publicly advertised part-time position of Secretary/Clerical Assistant (the post) in the GMB's Londonderry office.
	Job Description	Job Description
2.	The Job Description for the post sets out the main responsibilities and the main tasks and duties of the post. These were purely of a secretarial and administrative nature. The essential skills required were:	The Job Description for the post sets out the main responsibilities and the main tasks and duties of the post. These were purely of a secretarial and administrative nature. The essential skills required were:
	"Full secretarial skills, including shorthand, copy and audio typing. Familiarity with Microsoft XP package. Ability to work as a member of a team. Must display discretion and the ability to deal with matters confidentially. Must be capable of working without immediate supervision and, as far as possible, using initiative in dealing with unexpected problems in the absence of their officer."	"Full secretarial skills, including shorthand, copy and audio typing. Familiarity with Microsoft XP package. Ability to work as a member of a team. Must display discretion and the ability to deal with matters confidentially. Must be capable of working without immediate supervision and, as far as possible, using initiative in dealing with unexpected problems in the absence of their officer."
	The public advertisement stated:	The public advertisement stated:
	"It is essential that the successful applicant is sympathetic to the aims and objectives of the Trade Union Movement."	"It is essential that the successful applicant is sympathetic to the aims and objectives of the Trade Union Movement."
3.	The issues for consideration by us are those set out at paragraph 4 of the record of the Case Management Discussion (the CMD) held on 7 March 2007, which states:	The issues for consideration by us are those set out at paragraph 4 of the record of the Case Management Discussion (the CMD) held on 7 March 2007, which states:
		"The issues for consideration by the tribunal are;-
	1. The claimant alleges discrimination against the respondent in the arrangements that were made for short listing [for the post].	1. The claimant alleges discrimination against the respondent in the arrangements that were made for short listing [for the post].
	2. The claimant alleges that this discrimination was on the grounds of her religious belief.	2. The claimant alleges that this discrimination was on the grounds of her religious belief.
	3. The claimant alleges that the respondent by not completing the statutory questionnaire discriminated against her on the grounds of her religious belief.	3. The claimant alleges that the respondent by not completing the statutory questionnaire discriminated against her on the grounds of her religious belief.
	4. The claimant alleges that she was discriminated against on the grounds of her political opinion.	4. The claimant alleges that she was discriminated against on the grounds of her political opinion.
	5. The claimant alleges that the respondent failed to answer the statutory questionnaire and discriminated against her on the grounds of her political opinion."	5. The claimant alleges that the respondent failed to answer the statutory questionnaire and discriminated against her on the grounds of her political opinion."
	Witnesses and Documentation	Witnesses and Documentation
4.	Evidence was given by the claimant and, on behalf of the respondent, by Mrs Jenny Crawford and Mrs Margaret Barrow. An agreed bundle of documents was provided to us.	Evidence was given by the claimant and, on behalf of the respondent, by Mrs Jenny Crawford and Mrs Margaret Barrow. An agreed bundle of documents was provided to us.
	Statutory Provisions and Case Law	Statutory Provisions and Case Law
	General	General
5.	Article 19 (1) (a) of the Fair Employment and Treatment (Northern Ireland) Order 1998 (the Order), which is contained in Part 111 of the Order, provides that,	Article 19 (1) (a) of the Fair Employment and Treatment (Northern Ireland) Order 1998 (the Order), which is contained in Part 111 of the Order, provides that,
	"It is unlawful for an employer to discriminate against a person, in relation to employment in Northern Ireland:-	"It is unlawful for an employer to discriminate against a person, in relation to employment in Northern Ireland:-
	(a) where that person is seeking employment -	(a) where that person is seeking employment -
	(i) in the arrangements the employer makes for the purpose of determining who should be offered employment; or	(i) in the arrangements the employer makes for the purpose of determining who should be offered employment; or
	(ii) in the terms on which he offers him employment; or	(ii) in the terms on which he offers him employment; or
	(iii) by refusing or deliberately omitting to offer that person employment for which he applies;"	(iii) by refusing or deliberately omitting to offer that person employment for which he applies;"
	Article 3 (1) (a) of the Order provides:	Article 3 (1) (a) of the Order provides:
	"(1) In this Order "discrimination" means -	"(1) In this Order "discrimination" means -
	(a) discrimination on the ground of religious belief or political opinion;	(a) discrimination on the ground of religious belief or political opinion;
	(b) ………………;	(b) ………………;
	and "discriminate" shall be construed accordingly.	and "discriminate" shall be construed accordingly.
	Article 3 (2) (a) of the Order provides that,	Article 3 (2) (a) of the Order provides that,
	"(2) a person discriminates against another person on the ground of religious belief or political opinion in any circumstances relevant for the purposes of a provision of this Order, other than a provision to which paragraph (2A) applies if -	"(2) a person discriminates against another person on the ground of religious belief or political opinion in any circumstances relevant for the purposes of a provision of this Order, other than a provision to which paragraph (2A) applies if -
	(a) on either of those grounds he treats that other less favourably than he treats or would treat other persons;"	(a) on either of those grounds he treats that other less favourably than he treats or would treat other persons;"
	Paragraph (2A) (a) of Article 3 of the Order provides that,	Paragraph (2A) (a) of Article 3 of the Order provides that,
	"(2A) A person also discriminates against another person on the ground of religious belief or political opinion in any circumstances relevant for the purposes of any provision referred to in paragraph (2B) if -	"(2A) A person also discriminates against another person on the ground of religious belief or political opinion in any circumstances relevant for the purposes of any provision referred to in paragraph (2B) if -
	(a) on either of those grounds he treats that other less favourably than he treats or would treat other persons;"	(a) on either of those grounds he treats that other less favourably than he treats or would treat other persons;"
	Article 3 (2B) (a) of the Order provides that the provisions mentioned in paragraph (2A) include Part 111 of the Order.	Article 3 (2B) (a) of the Order provides that the provisions mentioned in paragraph (2A) include Part 111 of the Order.
	Article 3 (3) of the Order provides that,	Article 3 (3) of the Order provides that,
	(3) A comparison of the cases of persons of different religious belief or political opinion under paragraph (2) or (2A) must be such that the relevant circumstances in the one case are the same, or not materially different, in the other."	(3) A comparison of the cases of persons of different religious belief or political opinion under paragraph (2) or (2A) must be such that the relevant circumstances in the one case are the same, or not materially different, in the other."
	Approach to Discrimination	Approach to Discrimination
6.	Article 38A of the Order provides;	Article 38A of the Order provides;
	"38A. Where, on the hearing of a complaint under Article 38, the complainant proves facts from which the Tribunal could, apart from this Article, conclude in the absence of an adequate explanation that the respondent -	"38A. Where, on the hearing of a complaint under Article 38, the complainant proves facts from which the Tribunal could, apart from this Article, conclude in the absence of an adequate explanation that the respondent -