Sheridan & Anor v Peninsula Business Services Ltd & Anor (Discrimination - Age Discrimination - Disability Discrimination - Sex Breach of Contract Unauthorised Deduction of Wages Unfair Dismissal) [2018] NIIT 02310_16IT (31 October 2018)
The tribunal found that the first respondent failed in its duty to make reasonable adjustments for the second claimant under the Disability Discrimination Act 1995, and that both claimants were unfairly constructively dismissed by the first respondent. The claims for direct disability discrimination, age discrimination, sex discrimination, breach of contract, and unauthorised deduction of wages were dismissed, either as withdrawn or not established.
- Citation
- [2018] NIIT 02310_16IT
- Parties
- Claimant: Lynn Sheridan; Claimant: Thomas Dalzell Sheridan; First Respondent: Peninsula Business Services Ltd; Second Respondent: B Stern-Gillet
- Jurisdiction
- Northern Ireland
- Judgment Date
- 31 October 2018
- Procedural Posture
- Employment Tribunal / Final Judgment After Substantive Hearing
- Outcome
- Partially in favour of claimants
- Legal Topics
- Unfair Dismissal, Disability Discrimination, Reasonable Adjustments, Breach of Contract, Unauthorised Deduction of Wages, Sex Discrimination, Age Discrimination
Case Brief
Summary, issues, holding and outcome
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Parties
Lynn Sheridan
Claimant
Thomas Dalzell Sheridan
Claimant
Peninsula Business Services Ltd
First Respondent
B Stern-Gillet
Second Respondent
Procedural Posture
Employment Tribunal / Final Judgment After Substantive Hearing
Legal Issues
- 1 Whether the second claimant was a disabled person under the Disability Discrimination Act 1995
- 2 Whether the second claimant was directly discriminated against on grounds of disability
- 3 Whether the first respondent failed to make reasonable adjustments for the second claimant
Ratio Decidendi
The tribunal found that the first respondent failed in its duty to make reasonable adjustments for the second claimant under the Disability Discrimination Act 1995, and that both claimants were unfairly constructively dismissed by the first respondent. The claims for direct disability discrimination, age discrimination, sex discrimination, breach of contract, and unauthorised deduction of wages were dismissed, either as withdrawn or not established.
Court Disposition
Partially in favour of claimants
Orders
- Claims for unlawful deduction of wages and breach of contract dismissed as withdrawn after settlement.
- Claims for age discrimination dismissed as withdrawn.
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