McLaughlin v Charles Hurst Limited [2017] NIIT 00083_15IT (10 July 2017)

McLaughlin v Charles Hurst Limited [2017] NIIT 00083_15IT (10 July 2017)

The respondents failed in their duty to make reasonable adjustments by not promptly implementing reduced working hours for the claimant, which caused her injury to feelings and psychiatric injury. The tribunal awarded compensation in the middle Vento band, considering the duration of the breach, the claimant's vulnerability, and the exacerbation of her pre-existing condition.

Citation
[2017] NIIT 00083_15IT
Parties
Claimant: Marie-Claire McLaughlin; Respondent: Charles Hurst Limited; Respondent: Rosemary Chapman; Respondent: Andrew Gilmore
Jurisdiction
Northern Ireland
Judgment Date
10 July 2017
Procedural Posture
Industrial Tribunal Disability Discrimination / Remedy Hearing Following Liability Decision
Outcome
Claimant awarded compensation for injury to feelings and psychiatric injury; no award for loss of earnings.
Legal Topics
Reasonable Adjustments, Injury to Feelings, Psychiatric Injury, Compensation, Interest on Awards
Employment Law Disability Discrimination Reasonable Adjustments Injury to Feelings Psychiatric Injury Compensation Interest on Awards

Case Brief

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Parties

Marie-Claire McLaughlin

Claimant

Charles Hurst Limited

Respondent

Rosemary Chapman

Respondent

Andrew Gilmore

Respondent

Procedural Posture

Industrial Tribunal Disability Discrimination / Remedy Hearing Following Liability Decision

Legal Issues

  1. 1 Whether the respondents failed in their duty to make reasonable adjustments for the claimant under the Disability Discrimination Act 1995
  2. 2 Assessment of compensation for injury to feelings and psychiatric injury resulting from the breach

Ratio Decidendi

The respondents failed in their duty to make reasonable adjustments by not promptly implementing reduced working hours for the claimant, which caused her injury to feelings and psychiatric injury. The tribunal awarded compensation in the middle Vento band, considering the duration of the breach, the claimant's vulnerability, and the exacerbation of her pre-existing condition.

Court Disposition

Claimant awarded compensation for injury to feelings and psychiatric injury; no award for loss of earnings.

Orders

  • Respondents to pay claimant £11,500 for injury to feelings and psychiatric injury.
  • Respondents to pay interest of £340.28 on the award.