Neeson v Department for Social Development [2005] NIIT 2787_02 (14 June 2005)

Neeson v Department for Social Development [2005] NIIT 2787_02 (14 June 2005)

The respondent unlawfully discriminated against the claimant for a reason related to her disability by failing to make reasonable adjustments, particularly from December 2001 to October 2002, and failed to justify this failure. The respondent's failure to keep the claimant informed of changes, to make adjustments for training, and to forward interview notifications were acts of discrimination. Failures prior to December 2001 were not continuous and were out of time.

Citation
[2005] NIIT 2787_02
Parties
Claimant: Frances Neeson; Respondent: Department for Social Development
Jurisdiction
Northern Ireland
Judgment Date
14 June 2005
Procedural Posture
Industrial Tribunal / Liability Determination
Outcome
Claim allowed in part; respondent found to have unlawfully discriminated against claimant on grounds of disability.
Legal Topics
Reasonable Adjustments, Less Favourable Treatment, Time Limits for Claims, Disability Discrimination Act 1995
Employment Law Disability Discrimination Reasonable Adjustments Less Favourable Treatment Time Limits for Claims Disability Discrimination Act 1995

Case Brief

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Parties

Frances Neeson

Claimant

Department for Social Development

Respondent

Procedural Posture

Industrial Tribunal / Liability Determination

Legal Issues

  1. 1 Whether the claimant was treated less favourably for a reason relating to her disability in relation to training opportunities since 1998
  2. 2 Whether the respondent made reasonable adjustments to prevent substantial disadvantage to the claimant from 1998 to 12 December 2002
  3. 3 Whether certain complaints were out of time and if it was just and equitable to extend time

Ratio Decidendi

The respondent unlawfully discriminated against the claimant for a reason related to her disability by failing to make reasonable adjustments, particularly from December 2001 to October 2002, and failed to justify this failure. The respondent's failure to keep the claimant informed of changes, to make adjustments for training, and to forward interview notifications were acts of discrimination. Failures prior to December 2001 were not continuous and were out of time.

Court Disposition

Claim allowed in part; respondent found to have unlawfully discriminated against claimant on grounds of disability.

Orders

  • Matter referred back to tribunal to consider remedy.