Girvin v Carrickfergus Borough Council ... [2008] NIIT 1696_07IT (01 September 2008)

Girvin v Carrickfergus Borough Council ... [2008] NIIT 1696_07IT (01 September 2008)

The respondent failed to comply with its duty under Section 4A of the Disability Discrimination Act 1995 to make reasonable adjustments for the claimant, as it did not consider or implement a substantive transfer to a suitable post despite clear medical evidence of her inability to perform her contracted role. This failure caused injury to feelings but no financial loss. Claims for constructive unfair dismissal, harassment, disability-related discrimination regarding a training course, and direct discrimination were not established or were out of time.

Citation
[2008] NIIT 1696_07IT
Parties
Claimant: Pauline Girvin; Respondent: Carrickfergus Borough Council – Support Services
Jurisdiction
Northern Ireland
Judgment Date
01 September 2008
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Partial success for claimant
Legal Topics
Reasonable Adjustments, Constructive Unfair Dismissal, Direct Discrimination, Disability Related Discrimination, Harassment, Time Limits for Claims
Employment Law Disability Discrimination Reasonable Adjustments Constructive Unfair Dismissal Direct Discrimination Disability Related Discrimination Harassment Time Limits for Claims

Case Brief

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Parties

Pauline Girvin

Claimant

Carrickfergus Borough Council – Support Services

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was constructively and unfairly dismissed
  2. 2 Whether the respondent failed to make reasonable adjustments under Section 4A of the Disability Discrimination Act 1995
  3. 3 Whether the respondent directly discriminated against the claimant on grounds of disability

Ratio Decidendi

The respondent failed to comply with its duty under Section 4A of the Disability Discrimination Act 1995 to make reasonable adjustments for the claimant, as it did not consider or implement a substantive transfer to a suitable post despite clear medical evidence of her inability to perform her contracted role. This failure caused injury to feelings but no financial loss. Claims for constructive unfair dismissal, harassment, disability-related discrimination regarding a training course, and direct discrimination were not established or were out of time.

Court Disposition

Partial success for claimant

Orders

  • Respondent to pay claimant £15,000 for injury to feelings
  • Respondent to pay claimant £3,550 in respect of interest