Latest in Employment Law>Case Law>Scott v Stevenson & Reid Ltd [2017]
Scott v Stevenson & Reid Ltd [2017]
Published on: 26/10/2017
Issues Covered: Dismissal Discrimination
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Background

The Fair Employment Tribunal has found that a woman who worked for Stevenson & Reid Ltd, a Belfast bathroom, heating and plumbing company based on Prince Regent Road, was discriminated against, harassed and victimised on grounds of religious belief and political opinion and was constructively unfairly dismissed.

Helen Scott worked as a Sales Manager in the firm from 1 August 2011 until 21 August 2015, when she resigned. She was the only Catholic employee in the East Belfast showroom. An incident took place in July 2015 whereby her line manager, a Director in the company, shouted and swore at her in front of her colleagues and, as part of the outburst, shouted ‘Tiocfaidh ar lá’ into her face, in what Ms Scott found a menacing and intimidating manner.

The Tribunal found that the phrase ‘has a clear sectarian significance’ and that its use was based on the claimant’s religion or political opinion. The Tribunal said ‘this can only be a threat and is somewhat menacing given that the claimant was the only Catholic working in the showroom.’ The respondent’s behaviour was ‘unwanted and had the effect, if not the purpose, of violating the claimant’s dignity as well as creating an intimidating, hostile, degrading, humiliating and offensive environment’ for her.

The Tribunal stated the investigation and subsequent treatment in relation to the grievance raised by Ms Scott amounted to victimisation. ‘This created an atmosphere in which the trust and confidence between the employer and employee was irreparably damaged’, with the letter sent during her sick leave amounting to the ‘last straw’. Consequently, it found that the principal reason for Ms Scott’s resignation was breach of the implied term of trust and confidence and that she had been unfairly constructively dismissed. Ms Scott was awarded £20,736 in compensation, including a sum for injury to feelings.
http://www.employmenttribunalsni.co.uk/  

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Disclaimer 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. This article is correct at 26/10/2017