Loughran v Department for Communities (Other Discrimination - Disability) [2018] NIIT 01198_16IT (29 March 2018)

Loughran v Department for Communities (Other Discrimination - Disability) [2018] NIIT 01198_16IT (29 March 2018)

The respondent failed to make reasonable adjustments by not providing a foot-operated mouse and by delaying referral to the DDA Priority Pool List, both of which would have alleviated the substantial disadvantage suffered by the claimant due to her disability. These failures constituted disability discrimination under the Disability Discrimination Act 1995. The tribunal found the acts of discrimination extended over a period and awarded compensation for injury to feelings and interest.

Citation
[2018] NIIT 01198_16IT
Parties
Claimant: Nicola Loughran; Respondent: Department for Communities
Jurisdiction
Northern Ireland
Judgment Date
29 March 2018
Procedural Posture
Industrial Tribunal Disability Discrimination / Final Judgment
Outcome
Claim upheld. Disability discrimination found.
Legal Topics
Disability Discrimination, Reasonable Adjustments, Injury to Feelings, Employment Practices, Tribunal Procedure
Employment Law Discrimination Law Disability Discrimination Reasonable Adjustments Injury to Feelings Employment Practices Tribunal Procedure

Case Brief

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Parties

Nicola Loughran

Claimant

Department for Communities

Respondent

Procedural Posture

Industrial Tribunal Disability Discrimination / Final Judgment

Legal Issues

  1. 1 Whether the claimant is disabled within the meaning of the Disability Discrimination Act 1995
  2. 2 Whether the respondent failed to make reasonable adjustments for the claimant's disability
  3. 3 Whether the application of the Inefficiency Sickness Absence Policy (ISAP) constituted discrimination

Ratio Decidendi

The respondent failed to make reasonable adjustments by not providing a foot-operated mouse and by delaying referral to the DDA Priority Pool List, both of which would have alleviated the substantial disadvantage suffered by the claimant due to her disability. These failures constituted disability discrimination under the Disability Discrimination Act 1995. The tribunal found the acts of discrimination extended over a period and awarded compensation for injury to feelings and interest.

Court Disposition

Claim upheld. Disability discrimination found.

Orders

  • Respondent to pay £8,000.00 to the claimant for injury to feelings.
  • Respondent to pay £2,291.20 to the claimant as interest on the award for injury to feelings.