Connolly v Countrywide Freight Group Ltd [2012] NIIT 01196_11IT (15 February 2012)

Connolly v Countrywide Freight Group Ltd [2012] NIIT 01196_11IT (15 February 2012)

The claimant was disabled within the statutory definition, but there was no evidence of less favourable treatment due to disability. However, under the Working Time Regulations and relevant case law, the claimant was entitled to holiday pay accrued during sick leave, as he was not able to take leave due to...

Source-derived case information.

Citation
[2012] NIIT 01196_11IT
Parties
Claimant: Martin Connolly; Respondent: Countrywide Freight Group Ltd
Jurisdiction
Northern Ireland
Judgment Date
15 February 2012
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim for disability discrimination dismissed; claim for holiday pay upheld.
Legal Topics
Disability Discrimination, Holiday Pay, Working Time Regulations, Statutory Interpretation
Employment Law Discrimination Law Disability Discrimination Holiday Pay Working Time Regulations Statutory Interpretation

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Summary, issues, holding and outcome

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Parties

Martin Connolly

Claimant

Countrywide Freight Group Ltd

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant is disabled within the meaning of the Disability Discrimination Act 1995
  2. 2 Whether the claimant was directly discriminated against on grounds of disability regarding non-payment of holiday pay
  3. 3 Whether the claimant is entitled to outstanding holiday pay under the Working Time Regulations (Northern Ireland) 1998

Ratio Decidendi

The claimant was disabled within the statutory definition, but there was no evidence of less favourable treatment due to disability. However, under the Working Time Regulations and relevant case law, the claimant was entitled to holiday pay accrued during sick leave, as he was not able to take leave due to incapacity and the right crystallised on termination.

Court Disposition

Claim for disability discrimination dismissed; claim for holiday pay upheld.

Orders

  • The claimant’s claim of disability discrimination is dismissed.
  • The claimant is entitled to holiday pay in the sum of £3,785.23.