An employment tribunal has dismissed discrimination claims brought by a nurse against the Northern Health and Social Care Trust. Andrea Michelle Headley, a Band 5 staff nurse at Antrim Area Hospital, alleged sex and race discrimination relating to the trust's handling of two incidents involving male agency workers. The tribunal ruled that claims arising from events in October 2021 were presented too late and that it was not just and equitable to extend the time limit, while the remaining claims were dismissed on their merits.

The tribunal heard that Headley claimed she was sexually harassed and assaulted by an agency worker known as AA on 24 October 2021, and that she reported the incident to managers but no action was taken. However, the tribunal found that she did not inform any trust employee about the allegations until around 25 May 2022. It concluded that the trust could not have acted earlier because it was not made aware of the incident. The first written record of the allegation was an email on 25 May 2022, after which the trust immediately investigated and offered support, including a face-to-face meeting and referral to occupational health.

Because the 2021 allegations were raised in a tribunal claim presented on 7 February 2024, more than two years after the three-month limitation period expired on 24 January 2022, the tribunal considered whether to extend time. It noted that Headley had previously brought a tribunal claim in 2013 and had spoken with her trade union, Unison, in 2021 around the time of the incident. The tribunal found she knew or could have found out about the time limit and that there was no impediment to her seeking advice. It concluded that extending time would cause prejudice to the trust, which had no documentary evidence due to the passage of time, and that it was not just and equitable to do so.

Regarding a second agency worker, MK, Headley alleged that she was physically assaulted and sexually harassed on 21-22 September 2023. The tribunal preferred the trust's version of events, finding that MK had touched Headley's wrist while discussing her beaded bracelet and that there was nothing sexual in nature. Headley gave escalating accounts over time, from a touch on the hand to a violent assault, which undermined her reliability.

The trust initially blocked MK from all work on 22 September 2023 after Headley reported the incident but later allowed him to work at the hospital except on the ward where Headley worked, AMU2. On 3 December 2023, MK was mistakenly assigned to work on AMU2 due to an oversight, which caused distress to Headley. The trust investigated and apologised, and processes were changed to prevent a recurrence. Headley claimed that on 15 January 2024 she was told MK was permitted to work at the hospital, which the tribunal found was accurate and did not amount to discrimination because the trust had made a proportionate decision based on the information available.

Headley also alleged that during a grievance meeting on 8 March 2024 with managers Tori Hale and Colin Patterson, she was subjected to inappropriate treatment and that Hale asked her to drop her tribunal claim. The tribunal preferred the evidence of the trust witnesses, who described professional conduct, and found that Headley was not subjected to inappropriate treatment and that no such request was made.

The tribunal concluded that Headley failed to establish facts from which discrimination could be inferred because she did not identify any comparator. The burden of proof therefore did not shift to the trust. The claims were dismissed in their entirety.

Employment Judge Cushley presided over the hearing in Belfast from 22 to 26 June 2026. The judgment was issued on 15 September 2026.