McCorry v Department for Regional Development [2007] NIFET 192_04 (26 February 2007)

McCorry v Department for Regional Development [2007] NIFET 192_04 (26 February 2007)

The Tribunal found no evidence that the claimant was discriminated against on grounds of religious belief or disability. The selection for transfer was random, the respondent was not on sufficient notice to trigger further reasonable adjustments, and reasonable steps were taken where required. The claims failed on both religious and disability discrimination grounds.

Citation
[2007] NIFET 192_04
Parties
Claimant: Bernard McCorry; Respondent: Department for Regional Development
Jurisdiction
Northern Ireland
Judgment Date
26 February 2007
Procedural Posture
Fair Employment Tribunal / Final Decision
Outcome
claims dismissed
Legal Topics
Religious Discrimination, Disability Discrimination, Reasonable Adjustments, Random Selection in Employment, Burden of Proof
Employment Law Equality Law Disability Law Religious Discrimination Disability Discrimination Reasonable Adjustments Random Selection in Employment Burden of Proof

Case Brief

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Parties

Bernard McCorry

Claimant

Department for Regional Development

Respondent

Procedural Posture

Fair Employment Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was less favourably treated on grounds of religious belief in the transfer process
  2. 2 Whether the claimant was less favourably treated for a reason relating to his disability
  3. 3 Whether the respondent made reasonable adjustments to prevent substantial disadvantage to the claimant

Ratio Decidendi

The Tribunal found no evidence that the claimant was discriminated against on grounds of religious belief or disability. The selection for transfer was random, the respondent was not on sufficient notice to trigger further reasonable adjustments, and reasonable steps were taken where required. The claims failed on both religious and disability discrimination grounds.

Court Disposition

claims dismissed

Orders

  • Claim for religious discrimination dismissed
  • Claim for disability discrimination dismissed