Stewart v Department for Employment and ... [2013] NIIT 02473_12IT (18 June 2013)
The claimant was found to be disabled within the meaning of the Disability Discrimination Act 1995 due to a progressive condition, but the written warning was issued under a policy applied equally to all employees and was not discriminatory on grounds of disability or age. No evidence supported indirect age...
Source-derived case information.
- Citation
- [2013] NIIT 02473_12IT
- Parties
- Claimant: Noel Stewart; Respondent: Department for Employment and Learning
- Jurisdiction
- Northern Ireland
- Judgment Date
- 18 June 2013
- Procedural Posture
- Industrial Tribunal / Final Judgment
- Outcome
- Claims dismissed
- Legal Topics
- Disability Discrimination, Age Discrimination, Reasonable Adjustments
Source-derived case record
Summary, issues, holding and outcome
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Parties
Noel Stewart
Claimant
Department for Employment and Learning
Respondent
Procedural Posture
Industrial Tribunal / Final Judgment
Legal Issues
- 1 Whether the claimant is disabled within the meaning of the Disability Discrimination Act 1995
- 2 Whether the written warning for absence constituted unlawful disability discrimination
- 3 Whether the written warning constituted unlawful age discrimination
Ratio Decidendi
The claimant was found to be disabled within the meaning of the Disability Discrimination Act 1995 due to a progressive condition, but the written warning was issued under a policy applied equally to all employees and was not discriminatory on grounds of disability or age. No evidence supported indirect age discrimination, and reasonable adjustments were made. Thus, all claims were dismissed.
Court Disposition
Claims dismissed
Full Case Text
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