Meier v British Telecommunications Plc (Discrimination - Disability) [2018] NIIT 04123_17IT (23 November 2018)

Meier v British Telecommunications Plc (Discrimination - Disability) [2018] NIIT 04123_17IT (23 November 2018)

The respondent discriminated against the claimant by reason of his disability and failed to make reasonable adjustments, specifically by requiring him to sit the SST and using his score to filter him out of the recruitment process, contrary to the Disability Discrimination Act 1995 (as amended) and the commitments under the Disability Confident Scheme. The respondent knew or ought to have known of the claimant’s disability and failed to proactively offer or make reasonable adjustments. The SST was not part of the minimum criteria as advertised, and the claimant should have been offered an interview.

Citation
[2018] NIIT 04123_17IT
Parties
Claimant: Kevin Owen Meier; Respondent: British Telecommunications Plc
Jurisdiction
Northern Ireland
Judgment Date
23 November 2018
Procedural Posture
Industrial Tribunal Disability Discrimination / Final Judgment
Outcome
Claim upheld. The respondent discriminated against the claimant by reason of disability and by failing to make reasonable adjustments.
Legal Topics
Disability Discrimination, Reasonable Adjustments, Recruitment Practices, Injury to Feelings, Compensation
Employment Law Discrimination Law Disability Discrimination Reasonable Adjustments Recruitment Practices Injury to Feelings Compensation

Case Brief

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Parties

Kevin Owen Meier

Claimant

British Telecommunications Plc

Respondent

Procedural Posture

Industrial Tribunal Disability Discrimination / Final Judgment

Legal Issues

  1. 1 Whether the claimant is disabled within the meaning of the Disability Discrimination Act 1995 (as amended)
  2. 2 Whether the respondent discriminated against the claimant on grounds of disability
  3. 3 Whether the respondent failed to make reasonable adjustments for the claimant

Ratio Decidendi

The respondent discriminated against the claimant by reason of his disability and failed to make reasonable adjustments, specifically by requiring him to sit the SST and using his score to filter him out of the recruitment process, contrary to the Disability Discrimination Act 1995 (as amended) and the commitments under the Disability Confident Scheme. The respondent knew or ought to have known of the claimant’s disability and failed to proactively offer or make reasonable adjustments. The SST was not part of the minimum criteria as advertised, and the claimant should have been offered an interview.

Court Disposition

Claim upheld. The respondent discriminated against the claimant by reason of disability and by failing to make reasonable adjustments.

Orders

  • Respondent to pay compensation of £4,538.63 for loss of earnings.
  • Respondent to pay £12,500.00 for injury to feelings.