Mejury v Dr K E Clarke and Others, t/a ... Peninsula Business Services Lt... Dr K E Clarke and Others, t/a ... Peninsula Business Services Lt... Dr K E Clarke and Others, t/a ... Peninsula Business Services Lt... Dr K E Clarke and Others, t/a ... Peninsula Business Services Lt... [2013] NIIT 00271_12IT (12 March 2013)

Mejury v Dr K E Clarke and Others, t/a ... Peninsula Business Services Lt... Dr K E Clarke and Others, t/a ... Peninsula Business Services Lt... Dr K E Clarke and Others, t/a ... Peninsula Business Services Lt... Dr K E Clarke and Others, t/a ... Peninsula Business Services Lt... [2013] NIIT 00271_12IT (12 March 2013)

The tribunal found that the claimant was constructively dismissed and subjected to unlawful disability discrimination by the first-named respondent. The surgery failed to make reasonable adjustments, diminished the claimant's role, and created an environment that undermined trust and confidence, amounting to a fundamental breach of contract. The claim against the second-named respondent was dismissed as there was insufficient evidence that Peninsula knowingly aided any unlawful act.

Citation
[2013] NIIT 00271_12IT
Parties
Claimant: Gael Mejury; First Named Respondent: Dr K E Clarke and Others, t/a Carryduff Surgery; Second Named Respondent: Peninsula Business Services Ltd
Jurisdiction
Northern Ireland
Judgment Date
12 March 2013
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claimant succeeded in claims of constructive dismissal and disability discrimination against the first-named respondent; claim against the second-named respondent dismissed.
Legal Topics
Constructive Dismissal, Disability Discrimination, Reasonable Adjustments, Harassment, Burden of Proof
Employment Law Discrimination Law Constructive Dismissal Disability Discrimination Reasonable Adjustments Harassment Burden of Proof

Case Brief

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Parties

Gael Mejury

Claimant

Dr K E Clarke and Others, t/a Carryduff Surgery

First Named Respondent

Peninsula Business Services Ltd

Second Named Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was directly discriminated against on the ground of her disability
  2. 2 Whether the claimant was subjected to harassment related to her disability
  3. 3 Whether the surgery failed to make reasonable adjustments for the claimant

Ratio Decidendi

The tribunal found that the claimant was constructively dismissed and subjected to unlawful disability discrimination by the first-named respondent. The surgery failed to make reasonable adjustments, diminished the claimant's role, and created an environment that undermined trust and confidence, amounting to a fundamental breach of contract. The claim against the second-named respondent was dismissed as there was insufficient evidence that Peninsula knowingly aided any unlawful act.

Court Disposition

Claimant succeeded in claims of constructive dismissal and disability discrimination against the first-named respondent; claim against the second-named respondent dismissed.

Orders

  • First-named respondent to pay the claimant £26,098.34 as compensation for constructive dismissal and unlawful disability discrimination.
  • Claim against Peninsula Business Services Ltd dismissed.