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Stena Line unfair dismissal case to be reheard

In a case covered in a previous Update, the Northern Ireland Court of Appeal
has ordered a new hearing in the Industrial Tribunal finding last year that
Martin Shiel was unfairly dismissed.

The Industrial Tribunal had awarded Mr Shiel £37,500 for unfair dismissal and
a further £7,500 for unlawful harassment on the grounds of his sexual
orientation.  While the finding of harassment was not appealed, Stena Line
appealed the unfair dismissal aspect and on 8th October the Court of Appeal
ordered a fresh hearing in front of a different panel after ruling that a flaw
identified in the investigatory and disciplinary process was not properly
backed by facts or reasoning.  

The Court of Appeal also identified a failure by the Industrial Tribunal panel to
resolve a clear factual conflict about what happened during the incident that
led to Mr Shiel’s dismissal.  

The Court stated that the question of whether or not Mr Shiel was subjected to
homophobic comments is likely to remain ‘a live issue’.

Employment Law, LGBT, Local Developments