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Fair Employment Tribunal Northern Ireland Decisions |
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You are here: BAILII >> Databases >> Fair Employment Tribunal Northern Ireland Decisions >> Debast v Malcolmson & Ors [2006] NIFET 6_06FET (31 May 2006) URL: http://www.bailii.org/nie/cases/NIFET/2006/6_06FET.html Cite as: [2006] NIFET 6_06FET, [2006] NIFET 6_6FET |
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CASE REFS: 6/06 FET
7/06 FET
CLAIMANTS: Beatrice Debast
Caroline Sara Flynn
RESPONDENTS: 1. Dr M J Malcolmson
2. Laurelhill Community College Board of Governors
3. South Eastern Education and Library Board
The decision of the Tribunal is that the Tribunal does not have jurisdiction to consider the claims of unlawful discrimination on the grounds of religious belief in view of Article 71(1)(b) and 1(A) of the Fair Employment and Treatment (Northern Ireland) Order 1998, accordingly they are dismissed.
Constitution of Tribunal:
Chairman (Sitting alone): Ms Crooke
Appearances:
The claimants were represented by Ms S Bradley, Barrister-at-Law, instructed by The Equality Commission.
The respondents were represented by Ms A Finegan, Barrister-at-Law, instructed by Education & Library Board Solicitors.
"Whether the Tribunal has jurisdiction to consider the claims of unlawful discrimination on the grounds of religious belief in view of Article 71(1)(b) and 1(A) of the Fair Employment and Treatment (Northern Ireland) Order 1998." (Hereinafter referred to as the 'Order.')
"for the purposes of Paragraph 1(b) 'recruitment' means any step in the process of engagement of a person for employment up to the commencement of the employment";
operated to take the claimants in this case into the protection of the Order as the exemption was reduced to refer only to the recruitment of teachers rather than their employment.
Chairman:
Date and place of hearing: 31 May 2006, Belfast
Date decision recorded in register and issued to parties: