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)

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discrimination, sex discrimination, breach of contract, and unauthorised deduction of wages were dismissed, either as withdrawn or not established.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

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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

  1. 1 Whether the second claimant was a disabled person under the Disability Discrimination Act 1995
  2. 2 Whether the second claimant was directly discriminated against on grounds of disability
  3. 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.