O'Neill v Department for Social Developm... [2012] NIIT 01922_11IT (07 August 2012)

O'Neill v Department for Social Developm... [2012] NIIT 01922_11IT (07 August 2012)

The respondent unlawfully discriminated against the claimant by failing to make reasonable adjustments in respect of transfer to a workplace nearer her home. The respondent did not take all reasonable steps to prevent the workplace location criterion from placing the claimant at a substantial disadvantage, as...

Source-derived case information.

Citation
[2012] NIIT 01922_11IT
Parties
Claimant: Margaret Mary O’Neill; Respondent: Department for Social Development
Jurisdiction
Northern Ireland
Judgment Date
07 August 2012
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claim partially upheld
Legal Topics
Reasonable Adjustments, Transfer Policy, Disability Discrimination, Duty to Inform, Compensation for Injury to Feelings
Employment Law Disability Discrimination Reasonable Adjustments Transfer Policy Duty to Inform Compensation for Injury to Feelings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Margaret Mary O’Neill

Claimant

Department for Social Development

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the respondent failed to make reasonable adjustments for the claimant's disability
  2. 2 Whether the respondent unlawfully discriminated against the claimant by failing to transfer her to a workplace nearer her home
  3. 3 Whether failure to inform the claimant about the Access to Work Scheme constituted discrimination

Ratio Decidendi

The respondent unlawfully discriminated against the claimant by failing to make reasonable adjustments in respect of transfer to a workplace nearer her home. The respondent did not take all reasonable steps to prevent the workplace location criterion from placing the claimant at a substantial disadvantage, as required by the Disability Discrimination Act 1995. Other claims, including those relating to chair provision, Access to Work Scheme notification, and the written warning, were not factually or legally well-founded.

Court Disposition

Claim partially upheld

Orders

  • Respondent to pay claimant £7,500 for discrimination by failure to make reasonable adjustment in respect of transfer
  • All other claims dismissed