In our second update from Northern Ireland we take a look at a couple of NI Court of Appeal cases.

The NI Court of Appeal upheld an ET decision to make extensive special measures (or adjustments) to the ET process and no anonymity order in sexual harassment case.

THE FACTS

Ms Forose was a part-time employee within Mr Geraghty's business, namely 'Scoopy Sweets' an ice cream shop in Armagh. It was found that Mr Geraghty had sexually harassed Ms Forose between March and June 2017, when she was fifteen years old. This led to an award of 41,500 for injury to feelings, 20,000 for psychiatric injury and 6,000 for aggravated damages. Coupled with interest, this led to a total award of 71,860.

The Respondent acted as a litigant in person at the Tribunal Hearing. Given the nature of the allegations there were a number of special measures put in place. An initial anonymity order was removed by the date of Trial. The Respondent was not allowed to directly cross-examine the Claimant, rather questions were provided in advance to the Vice President, who asked the questions on the Respondent's behalf. There was a staggard arrival of the parties at the Tribunal building. The Parties were in separate rooms giving evidence by video link. Following the decision, the Respondent lodged an Appeal to the Court of Appeal on four points of law as follows:

1. The Removal of the anonymity order;

2. The improper use of special measures; and

3. The incorrect application of law which saw the OITFET...

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