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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McKinney v Xtra-Vision Ltd (in Receiversh... [2013] NIIT 00768_13IT (13 September 2013)
URL: http://www.bailii.org/nie/cases/NIIT/2013/768_13IT.html
Cite as: [2013] NIIT 768_13IT, [2013] NIIT 00768_13IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 768/13
CLAIMANT: Dana McKinney
RESPONDENT: Xtra-Vision Ltd (in Receivership)
DECISION
The decision of the tribunal is that:-
(i) it is just and equitable to extend the time for bringing the complaint; and
(ii) the claimant was unlawfully discriminated against on the ground of her sex, and is awarded the sum of £5,400.00 in compensation.
Constitution of Tribunal:
Chairman (sitting alone): Mr D Buchanan
Appearances:
The claimant was represented by Mr R McCaughey, Barrister-at-Law, instructed by A Quinn, Solicitors.
The respondent did not appear, nor was any response entered.
1 At the outset of the hearing the title of the respondent company was amended to that now shown above.
2(i) By a claim form presented on 8 April 2013 the claimant brought a claim of sex discrimination against the respondent company.
(ii) By letter to the Secretary of the Tribunals dated 25 June 2013 the joint receivers and managers of the respondent company indicated that they did not propose entering a response to the claim and that in the interests of saving costs, they would not be attending any hearing.
3 The claim is out of time, and this was conceded by the claimant’s counsel. However, I am satisfied that it is just and equitable to extend the time for bringing a complaint. The claimant attempted to resolve the matter internally. At the relevant time she was very unwell, and as a result of pursuing the matter internally she hoped the offending conduct would cease, but unfortunately this proved not to be the case.
4(i) I found the claimant to be an honest and credible witness and I am satisfied that in the course of her employment she was subject to unwanted and persistent attention from her manager which included the making of remarks to her, and to others about her, which had sexual connotations. The claimant very fairly stated that the making of these remarks did not have the same degree of frequency as the other conduct to which she objected.
(ii) As a result of her manager’s behaviour towards her, the claimant suffered from stress and had to go off on sick leave on two occasions.
5 I am satisfied that in the absence of any adequate explanation, the claimant has been subjected to unwanted conduct on account of her sex. In reaching that conclusion I have considered all the circumstances of the case, including the claimant’s perception of events, which was in no way unreasonable.
6 The claimant’s claim is limited to compensation for injury to feelings. I am satisfied that the injury to her feelings can be attributed to unlawful acts of harassment. Whilst satisfied this case is in the lower band of Vento, which was very fairly accepted by the claimant’s counsel, the conduct in question was nonetheless cumulative and ongoing. I award the claimant £5,000.00 from the date of the last recorded incident to the date on which interest is calculated at the appropriate rate of 8%, a period of approximately one year. I calculate interest at £400.00, making a total award of £5,400.00.
7 I refused an application for costs on behalf of the claimant. The joint receivers have acted reasonably. They did not defend the proceedings, but it was not unreasonable of them to require the claimant to prove her case.
8. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order 1990.
Chairman:
Date and place of hearing: 4 September 2013, Belfast
Date decision recorded in register and issued to parties: