Downie v Department for Social Development... [2015] NIIT 01050_14IT (08 December 2015)

Downie v Department for Social Development... [2015] NIIT 01050_14IT (08 December 2015)

The tribunal found that the claimant was not subjected to direct disability discrimination but that the first respondent failed to make reasonable adjustments by not adequately considering her circumstances before issuing a written warning. The tribunal also found that the first respondent victimised the claimant contrary to Section 55 of the Disability Discrimination Act by the conduct of Gary Craig on 5 September 2014, which was intimidating and distressing and related to her protected act of bringing a claim.

Citation
[2015] NIIT 01050_14IT
Parties
Claimant: Rebecca Downie; First Respondent: Department for Social Development; Second Respondent: Jenny Mullan; Third Respondent: Deborah Daly; Fourth Respondent: Gary Craig
Jurisdiction
Northern Ireland
Judgment Date
08 December 2015
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claim for direct disability discrimination dismissed; claim for failure to make reasonable adjustments and victimisation upheld against the first respondent.
Legal Topics
Direct Disability Discrimination, Reasonable Adjustments, Victimisation, Injury to Feelings, Comparators, Disciplinary Procedures
Employment Law Disability Discrimination Direct Disability Discrimination Reasonable Adjustments Victimisation Injury to Feelings Comparators Disciplinary Procedures

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Rebecca Downie

Claimant

Department for Social Development

First Respondent

Jenny Mullan

Second Respondent

Deborah Daly

Third Respondent

Gary Craig

Fourth Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was treated less favourably on grounds of disability contrary to Article 3A(5) of the Disability Discrimination Act 1995
  2. 2 Whether the respondents failed to make reasonable adjustments contrary to Article 3A(2) of the Disability Discrimination Act 1995
  3. 3 Whether the claimant was victimised contrary to the Disability Discrimination Act 1995 as amended

Ratio Decidendi

The tribunal found that the claimant was not subjected to direct disability discrimination but that the first respondent failed to make reasonable adjustments by not adequately considering her circumstances before issuing a written warning. The tribunal also found that the first respondent victimised the claimant contrary to Section 55 of the Disability Discrimination Act by the conduct of Gary Craig on 5 September 2014, which was intimidating and distressing and related to her protected act of bringing a claim.

Court Disposition

Claim for direct disability discrimination dismissed; claim for failure to make reasonable adjustments and victimisation upheld against the first respondent.

Orders

  • First respondent to pay the claimant compensation of £10,000.