Fitzgerald v Capita PLC & Anor (Discrimination - Disability Discrimination - Religious Belief/ Political opinion) [2018] NIFET 00026_17FET (19 June 2018)

Fitzgerald v Capita PLC & Anor (Discrimination - Disability Discrimination - Religious Belief/ Political opinion) [2018] NIFET 00026_17FET (19 June 2018)

The Tribunal found the respondents did not have actual or constructive knowledge of the claimant's disability during her employment, the claimant did not request reasonable adjustments, and the evidence did not support less favourable treatment or harassment on grounds of disability or religious belief. The claimant's resignation was due to gross misconduct, not discrimination. The claims for disability discrimination, failure to make reasonable adjustments, religious discrimination, and harassment were not substantiated.

Citation
[2018] NIFET 00026_17FET
Parties
Claimant: Angela Dolores Fitzgerald; First Respondent: Capita PLC; Second Respondent: Gillian Clarke
Jurisdiction
Northern Ireland
Judgment Date
19 June 2018
Procedural Posture
Fair Employment Tribunal / Final Judgment
Outcome
Claims dismissed
Legal Topics
Disability Discrimination, Religious Belief Discrimination, Reasonable Adjustments, Harassment, Burden of Proof
Employment Law Equality Law Disability Discrimination Religious Belief Discrimination Reasonable Adjustments Harassment Burden of Proof

Case Brief

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Parties

Angela Dolores Fitzgerald

Claimant

Capita PLC

First Respondent

Gillian Clarke

Second Respondent

Procedural Posture

Fair Employment Tribunal / Final Judgment

Legal Issues

  1. 1 Did the respondents have actual or imputed knowledge of the claimant's disability?
  2. 2 Did the respondents directly discriminate against the claimant on grounds of disability (Addison's disease) under the Disability Discrimination Act 1995?
  3. 3 Did the respondents directly discriminate against the claimant on grounds of religious belief under the Fair Employment and Treatment (Northern Ireland) Order 1998?

Ratio Decidendi

The Tribunal found the respondents did not have actual or constructive knowledge of the claimant's disability during her employment, the claimant did not request reasonable adjustments, and the evidence did not support less favourable treatment or harassment on grounds of disability or religious belief. The claimant's resignation was due to gross misconduct, not discrimination. The claims for disability discrimination, failure to make reasonable adjustments, religious discrimination, and harassment were not substantiated.

Court Disposition

Claims dismissed