Kennedy v Department for Social Developm... [2014] NIIT 945_13IT (03 January 2014)

Kennedy v Department for Social Developm... [2014] NIIT 945_13IT (03 January 2014)

The respondent failed to comply with its statutory duty to make reasonable adjustments by insisting on internal procedural compliance (completion of OHS 5 form and placement in the priority transfer pool) before considering the claimant’s request for transfer, thereby placing the claimant at a substantial disadvantage due to his disability. The refusal to allow the claimant to apply for a transfer was not justified by business needs and was not based on any valid business reason. The respondent knew or ought to have known of the claimant’s disability and mobility difficulties.

Citation
[2014] NIIT 945_13IT
Parties
Claimant: Henry Kennedy; Respondent: Department for Social Development
Jurisdiction
Northern Ireland
Judgment Date
03 January 2014
Procedural Posture
Industrial Tribunal / Final Decision After Hearing
Outcome
Claim allowed in part
Legal Topics
Reasonable Adjustments, Disability Discrimination Act 1995, Injury to Feelings, Transfer Requests, Employer Duties
Employment Law Disability Discrimination Reasonable Adjustments Disability Discrimination Act 1995 Injury to Feelings Transfer Requests Employer Duties

Case Brief

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Parties

Henry Kennedy

Claimant

Department for Social Development

Respondent

Procedural Posture

Industrial Tribunal / Final Decision After Hearing

Legal Issues

  1. 1 Whether the claimant was disabled for the purposes of the Disability Discrimination Act 1995
  2. 2 Whether the claimant was subjected to less favourable treatment for a reason relating to his disability or on the grounds of his disability
  3. 3 Whether the respondent failed to make reasonable adjustments as required by the Disability Discrimination Act 1995

Ratio Decidendi

The respondent failed to comply with its statutory duty to make reasonable adjustments by insisting on internal procedural compliance (completion of OHS 5 form and placement in the priority transfer pool) before considering the claimant’s request for transfer, thereby placing the claimant at a substantial disadvantage due to his disability. The refusal to allow the claimant to apply for a transfer was not justified by business needs and was not based on any valid business reason. The respondent knew or ought to have known of the claimant’s disability and mobility difficulties.

Court Disposition

Claim allowed in part

Orders

  • Respondent found to have failed in its duty to make reasonable adjustments under Section 6 of the Disability Discrimination Act 1995
  • Compensation of £600 awarded to the claimant for injury to feelings