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Equality Commission 'must pay £8,000 for sex discrimination' | Equality Commission 'must pay £8,000 for sex discrimination' |
(about 3 hours later) | |
A solicitor has been awarded £8,000 after she won a sex discrimination case against her employer, the Equality Commission. | A solicitor has been awarded £8,000 after she won a sex discrimination case against her employer, the Equality Commission. |
Elizabeth Kennedy was not allowed to return to her permanent job after she took a five-year career break. | Elizabeth Kennedy was not allowed to return to her permanent job after she took a five-year career break. |
The tribunal found the commission had indirectly broken sex discrimination laws, albeit unintentionally. | The tribunal found the commission had indirectly broken sex discrimination laws, albeit unintentionally. |
It said the commission's actions were "grossly unfair" and the injury to Ms Kennedy's feelings "significant". | It said the commission's actions were "grossly unfair" and the injury to Ms Kennedy's feelings "significant". |
She was awarded £7,500 plus £637 in interest, as compensation. | She was awarded £7,500 plus £637 in interest, as compensation. |
The tribunal found that the commission was responsible for "unlawful, indirect sex discrimination". | The tribunal found that the commission was responsible for "unlawful, indirect sex discrimination". |
Ms Kennedy, who is from Hillsborough, County Down, worked as a legal officer with the commission. | Ms Kennedy, who is from Hillsborough, County Down, worked as a legal officer with the commission. |
She began her career break in January 2009 and renewed this four times up to the maximum five years, under the commission's career break policy. | She began her career break in January 2009 and renewed this four times up to the maximum five years, under the commission's career break policy. |
She told her employer in September 2013 that she intended to return to work the following January. However, she was not told until December 2013 that she could not return. | She told her employer in September 2013 that she intended to return to work the following January. However, she was not told until December 2013 that she could not return. |
She also found out that her position had been filled on a permanent basis by a man, just two or three months after her career break had begun. | She also found out that her position had been filled on a permanent basis by a man, just two or three months after her career break had begun. |
The tribunal said the commission had known since at least 2009 that people on career breaks would not be permitted to return. | The tribunal said the commission had known since at least 2009 that people on career breaks would not be permitted to return. |
'Issue unclear' | 'Issue unclear' |
In its judgement, it said it seemed "extraordinary, as a matter of basic fairness, that this was not made plain to the claimant" on 23 September 2013 when she confirmed her intention to return to work. | In its judgement, it said it seemed "extraordinary, as a matter of basic fairness, that this was not made plain to the claimant" on 23 September 2013 when she confirmed her intention to return to work. |
It was only in December that she was told it was "unlikely" that a vacancy could be identified or funded to enable her return. | It was only in December that she was told it was "unlikely" that a vacancy could be identified or funded to enable her return. |
In its decision, the tribunal said that both the commission and the public service union Nipsa had "left an important issue unclear". | In its decision, the tribunal said that both the commission and the public service union Nipsa had "left an important issue unclear". |
The tribunal said it was "clear that the policy was written on the basis that a 'career break' meant what it said on the tin, ie : a break with a departure and a return". | The tribunal said it was "clear that the policy was written on the basis that a 'career break' meant what it said on the tin, ie : a break with a departure and a return". |
"It was not written on the basis that the acceptance of a career break was in fact a resignation, with no more than a limited form of preferential reinstatement if a suitable vacancy were ever to arise at some indeterminate point in the future," the tribunal said. | "It was not written on the basis that the acceptance of a career break was in fact a resignation, with no more than a limited form of preferential reinstatement if a suitable vacancy were ever to arise at some indeterminate point in the future," the tribunal said. |
It said the Equality Commission's actions were unfair. However, it also said the actions were unintentional and that Ms Kennedy had not argued that any indirect discrimination was intentional. | It said the Equality Commission's actions were unfair. However, it also said the actions were unintentional and that Ms Kennedy had not argued that any indirect discrimination was intentional. |
Awarding the sum of money, the tribunal recommended that the Equality Commission review the operation and wording of its career break policy. | Awarding the sum of money, the tribunal recommended that the Equality Commission review the operation and wording of its career break policy. |
In a statement, the Equality Commission said it was disappointed that the tribunal found aspects of its career break policy to be indirectly discriminatory. | |
"The career break policy was agreed with the employees' trade union in 2001," the commission added. | |
"It was a policy aimed at providing greater flexibility for employees. | |
"Since then a considerable number of employees have benefitted from the policy. The changing financial position and staffing reductions over the past five years resulted in difficulties for the commission in facilitating a return to work for staff at the end of the career breaks." |
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