O'Neill v Calcast Ltd & Anor [2006] NIIT 16_04 (25 September 2006)

O'Neill v Calcast Ltd & Anor [2006] NIIT 16_04 (25 September 2006)

The claimant failed to establish that his physical impairment had a substantial adverse effect on his ability to carry out normal day-to-day activities. The tribunal found the claimant's evidence unconvincing and preferred the evidence of the respondent's witness. Medical evidence did not support a finding of substantial effect. Therefore, the claimant is not a disabled person for the purposes of the Disability Discrimination Act 1995.

Citation
[2006] NIIT 16_04
Parties
Claimant: Charlie O'Neill; Respondent: Calcast Ltd; Respondent: Montupet (UK) Ltd
Jurisdiction
Northern Ireland
Judgment Date
25 September 2006
Procedural Posture
Industrial Tribunal / Pre Hearing Review
Outcome
Claim dismissed
Legal Topics
Definition of Disability, Disability Discrimination Act 1995, Assessment of Substantial Adverse Effect
Employment Law Disability Discrimination Definition of Disability Disability Discrimination Act 1995 Assessment of Substantial Adverse Effect

Case Brief

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Parties

Charlie O'Neill

Claimant

Calcast Ltd

Respondent

Montupet (UK) Ltd

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review

Legal Issues

  1. 1 Whether the claimant was a disabled person under the Disability Discrimination Act 1995 at the material time

Ratio Decidendi

The claimant failed to establish that his physical impairment had a substantial adverse effect on his ability to carry out normal day-to-day activities. The tribunal found the claimant's evidence unconvincing and preferred the evidence of the respondent's witness. Medical evidence did not support a finding of substantial effect. Therefore, the claimant is not a disabled person for the purposes of the Disability Discrimination Act 1995.

Court Disposition

Claim dismissed