Industrial Tribunals Northern Ireland Decisions

 


McKenna v Department of Education (Deposit from Applicant) [2002] NIIT 3919_01 (8 August 2002)

THE INDUSTRIAL TRIBUNALS

CASE REFS: 3919/01

APPLICANT: Con McKenna

RESPONDENT: Department of Education

DECISION ON A PRE-HEARING REVIEW

The unanimous decision of the tribunal is that there is no reasonable prospect of success for the applicant's contentions and a deposit of £150 is ordered as a condition of the applicant being permitted to continue to take part in proceedings.

APPEARANCES

APPLICANTS: The applicant appeared in person.

RESPONDENTS: Mr N Kelly of Departmental Solicitors Office.

Summary Reasons

1. The applicant had claimed that the respondents new policy of concerning bullying and harassment at work was indirectly discriminatory because there were more males that were complained about than women. He gave statistics for the Northern Ireland Civil Service as a whole rather than the Department of Education although he had tried to obtain statistics from the respondent.
2. The respondent drew attention to the fact that the applicant did not have a claim of indirect discrimination because no disciplinary policy had been invoked against him under this new code and that he was complaining in general terms about a code which had been agreed with management and unions over a long period of time. The respondent contended that it was a fact that more men had complaints of bullying and harassment made against them than women but this did not show that it was a situation of indirect discrimination.
3. The tribunal is satisfied that the applicant is complaining in general about a policy. It has no cause or connection between himself and the respondent in terms of unfavourable treatment towards him. As such the applicant has no reasonable prospect of success in continuing with a claim against his employer. A deposit of £150 has been ordered against the applicant in relation to continuing with this claim and the procedure in relation to the deposit and withdrawing the claim has been fully explained to the applicant in open tribunal.

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M P PRICE

Vice President

Date and place of hearing: 8 August 2002, Londonderry