An employment tribunal in Belfast has struck out a whistleblowing detriment claim brought by Mairead McCafferty, former Chief Executive Officer of the Office of the Commissioner for Children and Young People for Northern Ireland (NICCY), against the Department for Communities.

The ruling, issued on 12 October 2026 by Employment Judge N Kelly, found that the tribunal had no statutory jurisdiction to hear the claim under Article 70B of the Employment Rights (Northern Ireland) Order 1996 because the Department was not Ms McCafferty's employer, nor an agent of her employer acting with the employer's authority.

Ms McCafferty, who was employed by NICCY from 1 February 2012 until her resignation took effect on 17 July 2024, lodged a claim on 11 July 2024 alleging that she had suffered a detriment for making protected disclosures. She named NICCY, its Commissioner Chris Quinn, and the Department for Communities as respondents.

The Department for Communities argued that it had never been her employer for the purposes of the 1996 Order and that claims under Article 70B could only be made against an employer or an agent of the employer. Ms McCafferty contended that the Department had acted as an agent of NICCY with the Commissioner's authority.

The tribunal heard that the Department for Communities is the sponsoring department for NICCY. It noted that a Management Statement and Financial Memorandum signed in December 2017 set out the relationship, but explicitly stated that it did not convey legal powers or responsibilities. The tribunal found that the Department's functions were derived from statute and from the First Minister and deputy First Minister, not from the Commissioner.

Judge Kelly concluded that the Department for Communities was not acting as an agent of NICCY at any point. He said: "It is simply not arguable that the second respondent, a government department, was acting as an agent of the first respondent with the authority of the first respondent. It was acting throughout the relevant proceedings as a sponsoring department."

The claims of constructive unfair dismissal against the Department and Mr Quinn were withdrawn during the preliminary hearing. The claim of constructive unfair dismissal against NICCY will proceed, and a full hearing is listed for 26 April to 5 May 2027.

A claim of public interest disclosure detriment against NICCY and Mr Quinn will also proceed.