Blair v Clare Malone [2008] NIIT 257_06IT (01 September 2008)

Blair v Clare Malone [2008] NIIT 257_06IT (01 September 2008)

Belfast Metropolitan College failed to make reasonable adjustments for the claimant from 21 October 2005 by not relieving him from the requirement to walk an excessive distance to sign in, despite medical evidence and recommendations. This failure constituted discrimination under the Disability Discrimination Act 1995. No direct or disability-related discrimination was found regarding the tool cupboard key or threats of disciplinary action, as comparators were not treated more favourably and no such threats were made except in relation to vexatious grievances.

Citation
[2008] NIIT 257_06IT
Parties
Claimant: Joseph Stephen Blair; Respondent: Clare Malone; Respondent: Terry Martin; Respondent: Frankie McDowell; Respondent: Belfast Metropolitan College
Jurisdiction
Northern Ireland
Judgment Date
01 September 2008
Procedural Posture
Industrial Tribunal Disability Discrimination / Final Judgment
Outcome
Partially upheld
Legal Topics
Disability Discrimination, Reasonable Adjustments, Direct Discrimination, Injury to Feelings, Burden of Proof
Employment Law Equality Law Disability Discrimination Reasonable Adjustments Direct Discrimination Injury to Feelings Burden of Proof

Case Brief

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Parties

Joseph Stephen Blair

Claimant

Clare Malone

Respondent

Terry Martin

Respondent

Frankie McDowell

Respondent

Belfast Metropolitan College

Respondent

Procedural Posture

Industrial Tribunal Disability Discrimination / Final Judgment

Legal Issues

  1. 1 Whether the claimant was discriminated against on grounds of disability by not being given a key to the tool cupboard
  2. 2 Whether the respondent failed to make reasonable adjustments for the claimant's disability
  3. 3 Whether the claimant was discriminated against by being threatened with disciplinary action for making complaints

Ratio Decidendi

Belfast Metropolitan College failed to make reasonable adjustments for the claimant from 21 October 2005 by not relieving him from the requirement to walk an excessive distance to sign in, despite medical evidence and recommendations. This failure constituted discrimination under the Disability Discrimination Act 1995. No direct or disability-related discrimination was found regarding the tool cupboard key or threats of disciplinary action, as comparators were not treated more favourably and no such threats were made except in relation to vexatious grievances.

Court Disposition

Partially upheld

Orders

  • Claim against Belfast Metropolitan College for failure to make reasonable adjustments upheld; College to pay claimant £1500 for injury to feelings.
  • Claims against Clare Malone, Terry Martin, and Frankie McDowell dismissed.