McIlwaine v Patterson (t/a The Plough) [2009] NIIT 1494_07IT (21 April 2009)

McIlwaine v Patterson (t/a The Plough) [2009] NIIT 1494_07IT (21 April 2009)

The respondents did not know, and could not reasonably have been expected to know, of the claimant's ADHD or any need for special arrangements; therefore, no duty to make reasonable adjustments arose and the dismissal was neither discriminatory nor unfair.

Source-derived case information.

Citation
[2009] NIIT 1494_07IT
Parties
Claimant: Joseph John McIlwaine; Respondent: Derek Patterson T/A The Plough, Hillsborough; Respondent: Anton Campbell
Jurisdiction
Northern Ireland
Judgment Date
21 April 2009
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claims dismissed
Legal Topics
Disability Discrimination, Unfair Dismissal, Reasonable Adjustments
Employment Law Discrimination Law Disability Discrimination Unfair Dismissal Reasonable Adjustments

Source-derived case record

Summary, issues, holding and outcome

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Parties

Joseph John McIlwaine

Claimant

Derek Patterson T/A The Plough, Hillsborough

Respondent

Anton Campbell

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was unfairly dismissed
  2. 2 Whether the claimant was discriminated against due to disability by failure to make reasonable adjustments

Ratio Decidendi

The respondents did not know, and could not reasonably have been expected to know, of the claimant's ADHD or any need for special arrangements; therefore, no duty to make reasonable adjustments arose and the dismissal was neither discriminatory nor unfair.

Court Disposition

Claims dismissed