Munn v Chemtest Ireland Ltd [2015] NIIT 1731_14IT (24 April 2015)

Munn v Chemtest Ireland Ltd [2015] NIIT 1731_14IT (24 April 2015)

The tribunal found the claimant made protected disclosures regarding health and safety and compliance, and that these disclosures were the principal reason for his dismissal, rendering it automatically unfair. The respondent also failed to make reasonable adjustments for the claimant's disability, causing detriment and injury to feelings. The claim for direct disability discrimination was not made out.

Citation
[2015] NIIT 1731_14IT
Parties
Claimant: Andrew Munn; Respondent: Chemtest Ireland Ltd
Jurisdiction
Northern Ireland
Judgment Date
24 April 2015
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claim partly upheld, partly dismissed
Legal Topics
Protected Disclosure (whistleblowing), Unfair Dismissal, Disability Discrimination, Reasonable Adjustments, Detriment for Whistleblowing
Employment Law Discrimination Law Protected Disclosure (whistleblowing) Unfair Dismissal Disability Discrimination Reasonable Adjustments Detriment for Whistleblowing

Case Brief

Summary, issues, holding and outcome

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Parties

Andrew Munn

Claimant

Chemtest Ireland Ltd

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was automatically unfairly dismissed for making a protected disclosure under Article 134 of the Employment Rights (Northern Ireland) Order 1996
  2. 2 Whether the claimant suffered detriment for making a protected disclosure under Article 67 of the Employment Rights (NI) 1996
  3. 3 Whether the respondent failed to make reasonable adjustments for the claimant's disability under the Disability Discrimination Act 1995

Ratio Decidendi

The tribunal found the claimant made protected disclosures regarding health and safety and compliance, and that these disclosures were the principal reason for his dismissal, rendering it automatically unfair. The respondent also failed to make reasonable adjustments for the claimant's disability, causing detriment and injury to feelings. The claim for direct disability discrimination was not made out.

Court Disposition

Claim partly upheld, partly dismissed

Orders

  • Respondent to pay claimant £28,722.30 for automatic unfair dismissal for protected disclosure
  • Respondent to pay claimant £9,375.00 for injury to feelings for detriment and failure to make reasonable adjustments