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A Belfast woman who was employed by Action Cancer has been awarded £30,892 by an Industrial Tribunal which found that she suffered sex discrimination in a recruitment exercise and was unfairly dismissed from her post with the charity.
Catherine Anne Megahey had been employed by Action Cancer as a Retail Support Officer since 2002. In 2005 she was informed she was being made redundant and, in the same year, she applied for the publicly advertised job of Retail Manager and was not appointed to that post.
The Tribunal, in a decision issued on 4 September 2007, found that Ms. Megahey was discriminated against on the grounds of her sex in the recruitment exercise for Retail Manager and that, but for the discrimination, she would probably have been appointed to that position. They also found that she had been unfairly dismissed.
Ms. Megahey had come out on top in the marking of the first round of interviews for the post of Retail Manager, but was not appointed. The interviewers decided to hold a second interview for three candidates, at which Ms. Megahey was awarded one mark less than the successful candidate and was not appointed.
The Tribunal criticised the handling of the recruitment exercise, including in its findings that :
The Tribunal also commented on the action of the chairman of the panel in telephoning one of the candidates (not Ms. Megahey) between the first and second interviews. This candidate subsequently withdrew her application. The Tribunal said that they considered, on the balance of probabilities, that the chairman of the panel’s purpose in contacting her was to discourage this strong female candidate from continuing in the competition for the post.
Eileen Lavery, Head of Strategic Enforcement in the Equality Commission, said that the decision reinforced the need for all employers to follow the guidance in the Code of Practice – "Removing Sex Bias from Recruitment and Selection".
"Everyone involved in recruitment, whether in the private, public or voluntary sectors should maintain notes and records of their decisions, and consider only those factors which are justifiable, appropriate to the job, and clearly objective.
"The Commission regularly provides employers with guidance and training on all aspects of recruitment and selection, and highlights all of these issues. The Tribunal in this case has concluded that Ms. Megahey’s treatment was unfair and that she suffered discrimination because she was a woman.
"Where discrimination occurs the results can be devastating for the individual affected. The Tribunal have awarded Ms. Megahey a substantial sum in compensation and have commented on the humiliation she suffered through no fault of her own. The Equality Commission can advise any person who believes they may have suffered sex discrimination of their rights and will consider applications for assistance in taking a case forward to Tribunal."
Ms. Megahey said
"I am delighted with the outcome of the case. Although the case was very long and stressful, I never really doubted that the panel would find in my favour because I told the complete truth throughout. My integrity is more important than any amount awarded.
"I would advise anyone who feels they are being discriminated against or treated unfairly, to use the bodies available to help them. The Equality Commission advised me from early on in my case and went on to back me completely.
"It is important to stand up for what is right and legally correct and the Equality Commission helped me to do that."
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Northern Ireland Council for Voluntary Action is registered as a company limited by guarantee in Northern Ireland (No 1792) and is registered as a charity for tax purposes with the Inland Revenue