Brannigan v Blinds Direct Ltd [2008] NIIT 213_05IT (21 February 2008)

Brannigan v Blinds Direct Ltd [2008] NIIT 213_05IT (21 February 2008)

The claimant's physical impairment had a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities, particularly lifting and moving everyday objects, as evidenced by medical reports and credible testimony. The impairment lasted over two years, exceeding the statutory threshold, and the effect of treatment was to be disregarded. The claimant was therefore disabled within the meaning of section 1 of the Disability Discrimination Act 1995.

Citation
[2008] NIIT 213_05IT
Parties
Claimant: Rory Brannigan; Respondent: Blinds Direct Ltd
Jurisdiction
Northern Ireland
Judgment Date
21 February 2008
Procedural Posture
Industrial Tribunal (disability Discrimination) / Pre Hearing Review
Outcome
Claimant found to have a disability within the meaning of the Act; case to proceed to full hearing.
Legal Topics
Definition of Disability, Substantial Adverse Effect, Long Term Impairment, Normal Day to Day Activities
Employment Law Disability Discrimination Definition of Disability Substantial Adverse Effect Long Term Impairment Normal Day to Day Activities

Case Brief

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Parties

Rory Brannigan

Claimant

Blinds Direct Ltd

Respondent

Procedural Posture

Industrial Tribunal (disability Discrimination) / Pre Hearing Review

Legal Issues

  1. 1 Whether the claimant has a disability within the meaning of section 1 of the Disability Discrimination Act 1995

Ratio Decidendi

The claimant's physical impairment had a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities, particularly lifting and moving everyday objects, as evidenced by medical reports and credible testimony. The impairment lasted over two years, exceeding the statutory threshold, and the effect of treatment was to be disregarded. The claimant was therefore disabled within the meaning of section 1 of the Disability Discrimination Act 1995.

Court Disposition

Claimant found to have a disability within the meaning of the Act; case to proceed to full hearing.