Claims Under The Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

A claim was taken by two employees “A” and “B” against the same employer under the above regulations.

Employee “A” (a heterosexual) had supported a gay colleague in a grievance procedure against his employer. This gay colleague was alleging that he was being victimised and discriminated against by a member of management. This victimisation and discrimination had been witnessed by “A” and therefore she gave evidence in support of her gay colleague at his grievance procedure.

Thereafter the same member of management at the centre of the victimisation and discrimination complained about “A” but these complaints were not upheld. Thereafter “A” felt that she was being isolated within the workplace and therefore she contended that she was being victimised and discriminated against because she had performed a protected act as defined under the legislation.

“A” subsequently resigned and brought a claim for unfair dismissal stating that she had been constructively dismissed and subsequently settled her case against her former employer in the sum of £4,000.

Another gay employee “B” also brought a claim under the Sexual Orientation Regulations against the same employer on the grounds that offensive and humiliating comments were being made about gay people by the same member of management at the centre of the case involving “A” outlined above.

These claims were settled against the employer in the sum of £4,000 on 13/04/2006.