Gallagher v BT PLC [2006] NIIT 253_06 (19 September 2006)

Gallagher v BT PLC [2006] NIIT 253_06 (19 September 2006)

The evidence did not establish that the claimant's impairment has a substantial adverse effect on his ability to carry out normal day-to-day activities; therefore, he does not have a disability under the Disability Discrimination Act 1995.

Citation
[2006] NIIT 253_06
Parties
Claimant: Ian Anthony Gallagher; Respondent: BT PLC
Jurisdiction
Northern Ireland
Judgment Date
19 September 2006
Procedural Posture
Industrial Tribunal / Pre Hearing Review
Outcome
Claim for disability discrimination dismissed; claim for unfair dismissal may proceed to hearing.
Legal Topics
Disability Discrimination Act 1995, Unfair Dismissal
Employment Law Disability Discrimination Disability Discrimination Act 1995 Unfair Dismissal

Case Brief

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Parties

Ian Anthony Gallagher

Claimant

BT PLC

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review

Legal Issues

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

Ratio Decidendi

The evidence did not establish that the claimant's impairment has a substantial adverse effect on his ability to carry out normal day-to-day activities; therefore, he does not have a disability under the Disability Discrimination Act 1995.

Court Disposition

Claim for disability discrimination dismissed; claim for unfair dismissal may proceed to hearing.

Orders

  • Claim for disability discrimination dismissed
  • Claim for unfair dismissal to proceed to hearing