Byrne v Aware Defeat Depression Limite... (Discrimination - Disability Unfair Dismissal) [2021] NIit 00108_20IT (26 August 2021)

Byrne v Aware Defeat Depression Limite... (Discrimination - Disability Unfair Dismissal) [2021] NIit 00108_20IT (26 August 2021)

The respondent's failure to make permanent reasonable adjustments to the claimant's working pattern, lack of proper documentation, and conflation of flexible working and reasonable adjustment procedures amounted to a repudiatory breach of contract and unlawful disability discrimination. The claimant was...

Source-derived case information.

Citation
[2021] NIit 00108_20IT
Parties
Claimant: [Redacted] (Claimant); Respondent: AWARE (Respondent)
Jurisdiction
Northern Ireland
Judgment Date
26 August 2021
Procedural Posture
Employment Tribunal / Final Judgment After Full Hearing
Outcome
Claim upheld for constructive and unfair dismissal and unlawful disability discrimination.
Legal Topics
Constructive Dismissal, Unfair Dismissal, Disability Discrimination, Reasonable Adjustments, Flexible Working
Employment Law Discrimination Law Constructive Dismissal Unfair Dismissal Disability Discrimination Reasonable Adjustments Flexible Working

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Parties

[Redacted] (Claimant)

Claimant

AWARE (Respondent)

Respondent

Procedural Posture

Employment Tribunal / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the claimant was constructively and unfairly dismissed contrary to the Employment Rights (Northern Ireland) Order 1996
  2. 2 Whether the respondent failed to make reasonable adjustments as required by the Disability Discrimination Act 1995
  3. 3 Whether the respondent unlawfully discriminated against the claimant on the grounds of disability

Ratio Decidendi

The respondent's failure to make permanent reasonable adjustments to the claimant's working pattern, lack of proper documentation, and conflation of flexible working and reasonable adjustment procedures amounted to a repudiatory breach of contract and unlawful disability discrimination. The claimant was constructively and unfairly dismissed, and the respondent failed to justify its actions or provide adequate explanation for the less favourable treatment.

Court Disposition

Claim upheld for constructive and unfair dismissal and unlawful disability discrimination.

Orders

  • Respondent to pay claimant a basic award of £2,420.30 for constructive unfair dismissal.
  • Respondent to pay claimant £500.00 for loss of statutory rights.