McCann v Department for Employment and ... Bruce Robinson Beverley Harrison HR Connect Department for Employment and ... HR Connect Malcolm McKibbin Alan Shannon Jason Foy Capita PLC Fujitsu UK and Ireland Department for Employment and ... [2013] NIIT 00889_11IT (26 February 2013)

McCann v Department for Employment and ... Bruce Robinson Beverley Harrison HR Connect Department for Employment and ... HR Connect Malcolm McKibbin Alan Shannon Jason Foy Capita PLC Fujitsu UK and Ireland Department for Employment and ... [2013] NIIT 00889_11IT (26 February 2013)

The tribunal found no evidence that the claimant was discriminated against, harassed, or victimised on grounds of disability. The respondent made reasonable adjustments throughout, disciplinary actions and dismissal were for misconduct, and the claimant's disabilities were fully considered. The claimant's...

Source-derived case information.

Citation
[2013] NIIT 00889_11IT
Parties
Claimant: Colin McCann; Respondent: Department for Employment and Learning; Respondent: Bruce Robinson; Respondent: Beverley Harrison; Respondent: HR Connect; Respondent: Malcolm McKibbin; Respondent: Alan Shannon; Respondent: Jason Foy; Respondent: Capita PLC; Respondent: Fujitsu UK and Ireland
Jurisdiction
Northern Ireland
Judgment Date
26 February 2013
Procedural Posture
Industrial Tribunal / Final Judgment After Full Hearing (claimant Absent, Respondents Represented)
Outcome
All claims dismissed against all respondents.
Legal Topics
Disability Discrimination, Unfair Dismissal, Protected Disclosures, Reasonable Adjustments, Victimisation, Harassment
Employment Law Discrimination Law Disability Discrimination Unfair Dismissal Protected Disclosures Reasonable Adjustments Victimisation Harassment

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Summary, issues, holding and outcome

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Parties

Colin McCann

Claimant

Department for Employment and Learning

Respondent

Bruce Robinson

Respondent

Beverley Harrison

Respondent

HR Connect

Respondent

Malcolm McKibbin

Respondent

Alan Shannon

Respondent

Jason Foy

Respondent

Capita PLC

Respondent

Fujitsu UK and Ireland

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment After Full Hearing (claimant Absent, Respondents Represented)

Legal Issues

  1. 1 Whether the claimant was directly discriminated against on grounds of disability
  2. 2 Whether the claimant was victimised or harassed contrary to the Disability Discrimination Act
  3. 3 Whether the respondent failed to make reasonable adjustments

Ratio Decidendi

The tribunal found no evidence that the claimant was discriminated against, harassed, or victimised on grounds of disability. The respondent made reasonable adjustments throughout, disciplinary actions and dismissal were for misconduct, and the claimant's disabilities were fully considered. The claimant's disclosures did not qualify as protected disclosures. All claims were dismissed.

Court Disposition

All claims dismissed against all respondents.

Orders

  • All claims relating to disability discrimination, protected disclosures, and unfair dismissal are dismissed against all respondents.
  • Respondents Bruce Robinson, HR Connect, Capita PLC, Fujitsu UK and Ireland, and Malcolm McKibbin are dismissed from proceedings as not being the claimant's employer.