Black v Ballyrobert Ltd [2008] NIIT 3972_03IT (21 March 2008)

Black v Ballyrobert Ltd [2008] NIIT 3972_03IT (21 March 2008)

The respondent breached its own disciplinary procedures and the implied term of mutual trust and confidence, leading to the claimant's constructive and unfair dismissal. The respondent failed to make reasonable adjustments for the claimant's disability and treated him less favourably for reasons related to his...

Source-derived case information.

Citation
[2008] NIIT 3972_03IT
Parties
Claimant: W Ivan Black; Respondent: Ballyrobert Limited
Jurisdiction
Northern Ireland
Judgment Date
21 March 2008
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claim upheld. The claimant was constructively and unfairly dismissed and unlawfully discriminated against on grounds of disability.
Legal Topics
Constructive Dismissal, Unfair Dismissal, Disability Discrimination, Reasonable Adjustments, Burden of Proof
Employment Law Discrimination Law Constructive Dismissal Unfair Dismissal Disability Discrimination Reasonable Adjustments Burden of Proof

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Summary, issues, holding and outcome

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Parties

W Ivan Black

Claimant

Ballyrobert Limited

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was constructively dismissed and if such dismissal was unfair
  2. 2 Whether the respondent unlawfully discriminated against the claimant on grounds of disability
  3. 3 Whether the respondent failed to make reasonable adjustments under the Disability Discrimination Act 1995

Ratio Decidendi

The respondent breached its own disciplinary procedures and the implied term of mutual trust and confidence, leading to the claimant's constructive and unfair dismissal. The respondent failed to make reasonable adjustments for the claimant's disability and treated him less favourably for reasons related to his disability, without justification. The claimant suffered substantial disadvantage and injury to feelings as a result.

Court Disposition

Claim upheld. The claimant was constructively and unfairly dismissed and unlawfully discriminated against on grounds of disability.

Orders

  • Respondent to pay claimant £53,500 as compensation for unfair dismissal (statutory cap applied)
  • Respondent to pay claimant £16,523 as compensation for injury to feelings including interest