Tunney v Calcast [2005] NIIT 894_03 (28 April 2005)

Tunney v Calcast [2005] NIIT 894_03 (28 April 2005)

The respondent conceded that the claimant is disabled within the meaning of the Disability Discrimination Act 1995; therefore, the preliminary issue is answered in the affirmative and the claim may proceed.

Citation
[2005] NIIT 894_03
Parties
Claimant: Gerald Tunney; Respondent: Calcast
Jurisdiction
Northern Ireland
Judgment Date
28 April 2005
Procedural Posture
Industrial Tribunal / Preliminary Issue Determination
Outcome
Preliminary issue answered in the affirmative; claim may proceed to hearing.
Legal Topics
Disability Discrimination, Preliminary Issue, Definition of Disability
Employment Law Disability Law Disability Discrimination Preliminary Issue Definition of Disability

Case Brief

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Parties

Gerald Tunney

Claimant

Calcast

Respondent

Procedural Posture

Industrial Tribunal / Preliminary Issue Determination

Legal Issues

  1. 1 Whether the claimant is disabled within the meaning of Section 1 of the Disability Discrimination Act 1995

Ratio Decidendi

The respondent conceded that the claimant is disabled within the meaning of the Disability Discrimination Act 1995; therefore, the preliminary issue is answered in the affirmative and the claim may proceed.

Court Disposition

Preliminary issue answered in the affirmative; claim may proceed to hearing.

Orders

  • The claimant is confirmed as a disabled person for the purposes of the Disability Discrimination Act 1995.
  • The application may proceed to hearing.