Brannigan v Blinds Direct Ltd [2009] NIIT 213_05IT (16 January 2009)

Brannigan v Blinds Direct Ltd [2009] NIIT 213_05IT (16 January 2009)

The respondent failed to make reasonable adjustments from mid-2003 by requiring the claimant to fit blinds despite knowledge of his disability, and engaged in harassment related to his disability. The respondent's conduct breached the implied term of trust and confidence, amounting to constructive dismissal. There was no evidence of less favourable treatment compared to a non-disabled comparator unable to fit blinds, so the discrimination claim failed.

Citation
[2009] NIIT 213_05IT
Parties
Claimant: Rory Brannigan; Respondent: Blinds Direct Ltd
Jurisdiction
Northern Ireland
Judgment Date
16 January 2009
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim partly upheld; claimant awarded compensation for failure to make reasonable adjustments, harassment, and constructive dismissal. Disability-related discrimination claim dismissed.
Legal Topics
Reasonable Adjustments, Harassment, Constructive Dismissal, Disability Related Discrimination
Employment Law Disability Discrimination Reasonable Adjustments Harassment Constructive Dismissal Disability Related Discrimination

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Rory Brannigan

Claimant

Blinds Direct Ltd

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the respondent failed to make reasonable adjustments
  2. 2 Whether the claimant was harassed for a reason related to his disability
  3. 3 Whether the claimant was discriminated against for a reason related to his disability

Ratio Decidendi

The respondent failed to make reasonable adjustments from mid-2003 by requiring the claimant to fit blinds despite knowledge of his disability, and engaged in harassment related to his disability. The respondent's conduct breached the implied term of trust and confidence, amounting to constructive dismissal. There was no evidence of less favourable treatment compared to a non-disabled comparator unable to fit blinds, so the discrimination claim failed.

Court Disposition

Claim partly upheld; claimant awarded compensation for failure to make reasonable adjustments, harassment, and constructive dismissal. Disability-related discrimination claim dismissed.

Orders

  • Respondent to pay claimant £14,278 plus interest of £4,423