McKeith v Frank McCorry, Colin Caruth, U... [2016] NIIT 01188_15IT (21 March 2016)

McKeith v Frank McCorry, Colin Caruth, U... [2016] NIIT 01188_15IT (21 March 2016)

The tribunal found that the claimant was both automatically and substantively unfairly dismissed because the respondent failed to follow statutory dismissal procedures and did not genuinely apply redundancy as the reason for dismissal. The tribunal also found direct associative disability discrimination, as the claimant was treated less favourably due to her responsibilities as primary carer for a disabled dependent, contrary to the Disability Discrimination Act 1995.

Citation
[2016] NIIT 01188_15IT
Parties
Claimant: Maria McKeith; Respondents: Frank McCorry, Colin Caruth, Una McRoberts, Marie Coleman, Marian Kane, Carmel Holly, Arder McKeown, Joe Blair, Marie O’Neill, Doreen Gray and Ann Clarke, The Committee for the time being of Ardoyne Association, an unincorporated association
Jurisdiction
Northern Ireland
Judgment Date
21 March 2016
Procedural Posture
Industrial Tribunal Unfair Dismissal and Disability Discrimination / Merits Hearing and Liability Determination; Remedy to Be Determined at a Separate Hearing
Outcome
Liability found for the claimant on all grounds; remedy to be determined at a separate hearing.
Legal Topics
Unfair Dismissal, Redundancy, Disability Discrimination, Associative Discrimination, Statutory Dismissal Procedures
Employment Law Discrimination Law Unfair Dismissal Redundancy Disability Discrimination Associative Discrimination Statutory Dismissal Procedures

Case Brief

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Parties

Maria McKeith

Claimant

Frank McCorry, Colin Caruth, Una McRoberts, Marie Coleman, Marian Kane, Carmel Holly, Arder McKeown, Joe Blair, Marie O’Neill, Doreen Gray and Ann Clarke, The Committee for the time being of Ardoyne Association, an unincorporated association

Respondents

Procedural Posture

Industrial Tribunal Unfair Dismissal and Disability Discrimination / Merits Hearing and Liability Determination; Remedy to Be Determined at a Separate Hearing

Legal Issues

  1. 1 Whether the claimant was unfairly dismissed (automatic and substantive)
  2. 2 Whether the dismissal was an act of direct associative disability discrimination contrary to the Disability Discrimination Act 1995

Ratio Decidendi

The tribunal found that the claimant was both automatically and substantively unfairly dismissed because the respondent failed to follow statutory dismissal procedures and did not genuinely apply redundancy as the reason for dismissal. The tribunal also found direct associative disability discrimination, as the claimant was treated less favourably due to her responsibilities as primary carer for a disabled dependent, contrary to the Disability Discrimination Act 1995.

Court Disposition

Liability found for the claimant on all grounds; remedy to be determined at a separate hearing.

Orders

  • Declaration that the claimant was automatically and substantively unfairly dismissed.
  • Declaration that the claimant was directly discriminated against contrary to the Disability Discrimination Act 1995.