MTB act for Civil Servant in successful Industrial Tribunal claim
MTB acted in the OITFET (Office of the Industrial Tribunals and Fair Employment Tribunal) case of McCrossan –V- Department of Social Development (now Department for Communities). The Tribunal determined that Ms. McCrossan “suffered unlawful discrimination on the ground of political opinion”.
Ms. McCrossan was employed as a junior civil servant at the DSD and was disciplined for political postings to Facebook relating to the NHS, the welfare state, full employment contracts, financial independence, reproductive rights and gay marriage. The Tribunal ruled that Ms. McCrossan had “suffered unlawful discrimination on the grounds of political opinion and is entitled to compensation for injury to feelings”.
John McShane, MTB Partner who represented Ms. McCrossan commented:
“MTB are delighted with the result in Sarah’s case. The strength of the decision reflects how the application of the [Department’s] policy in this way could have a chilling effect on free speech. It represents a victory for Civil Servants that their status as Civil Servants does not preclude them from holding personal views, expressed in a private setting, on political matters.”