THE GOVERNMENT will have to pay compensation to a senior former tax worker after a tribunal found she had been unfairly discriminated against on the grounds of disability.
In a recently published judgment following a hearing in February of this year, Jersey’s Employment and Discrimination Tribunal found that Jacqueline Murphy, who worked as a Higher Officer Team Leader in the International Tax Department from March 2022 until her dismissal in March 2024, was treated unlawfully by her employer after being signed off with stress.
She had complained of being victimised, discriminated against on account of her disability and being unfairly dismissed. While the tribunal dismissed the former claim, the latter two were upheld.
The States Employment Board – which is the official employer of all public sector workers – had argued that her dismissal was to manage consistency in attendance and reduce pressure on the team.
However, the tribunal found – “by majority decision (one of the panel members dissenting”) – that, even though she had rejected a different role in Revenue Jersey, more effort should have been put towards finding her an alternative job in the public sector.
“…The Respondent’s failure to explore whether there was a role outside of Revenue Jersey which the Claimant could have undertaken prior to dismissing her means that they cannot show that the dismissal was reasonably necessary to achieve the legitimate aims and so was a proportionate means of achieving them,” the Tribunal wrote.
As a result, the dismissal was both discriminatory and unfair, the Tribunal said.
But Ms Murphy was denied compensation for unfair dismissal because she had previously rejected a settlement offer equal to the maximum tribunal award.
The level of damages payable for disability discrimination will be determined at a future hearing.
A counterclaim put forward by the SEB – alleging Ms Murphy had failed to return a laptop charger, headset and ID card – was also dismissed, with the tribunal preferring her account that the items had been handed back.
Hilary Westmacott was sitting as Deputy Chair, with panel members Scott Hollywood and Lorraine Bennett.
