Political opinion: grounds for discrimination?

The Fair Employment Tribunal (FET) in Belfast recently found against a local Citizens Advice Bureau for its treatment of an applicant on the grounds of his political opinion.

The Claimant was a former Member of the Northern Ireland Assembly (MLA), having lost his seat at the 2016 election.

Two candidates were interviewed by the Respondent for the position of Bureau Manager, with the Claimant scoring the higher marks. The panel, however, determined that the other candidate, who had not met their shortlisting criteria, be appointed.

FET Vice-President, Mr Noel Kelly, observed:

All three panellists had signed the interview matrix which had indicated firstly, that the claimant had been the highest marked candidate and secondly, that the highest marked candidate should be appointed.

Post interview, discussions took place between the panel and the Chief Executive of Citizens Advice NI, himself a former MLA and 'former political rival' of the Claimant.  These discussions disclosed some concerns relating to the Claimant’s previous employment and his conduct as an MLA, which had not been raised at interview.

The FET determined that the Claimant had established a prima facie case and that the burden had been shifted to the Respondent to disprove the allegation of discrimination. It was held that the Respondent’s ‘…explanation is simply not credible’.  ‘The burden of proof has not been discharged.  The tribunal must therefore conclude that the respondent unlawfully discriminated against the claimant on the grounds of his political opinion’.

An award of £5,500 was made in favour of the Claimant.

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