McCosh v DGS Service Solutions LTD David Huxley (Discrimination - Disability Breach of Contract Unauthorised Deduction of Wages Other) [2018] NIIT 06492_17IT (14 December 2018)

McCosh v DGS Service Solutions LTD David Huxley (Discrimination - Disability Breach of Contract Unauthorised Deduction of Wages Other) [2018] NIIT 06492_17IT (14 December 2018)

The claimant failed to establish on the balance of probabilities that he was disabled at the relevant time under the DDA, so no duty to make reasonable adjustments arose. The respondents made an unlawful deduction from the claimant's wages by underpaying holiday pay, which should have been calculated based on twelve-hour shifts. The deduction for the security licence was lawful as it was a contractually agreed loan.

Citation
[2018] NIIT 06492_17IT
Parties
Claimant: David McCosh; Respondent: DGS Service Solutions LTD; Respondent: David Huxley
Jurisdiction
Northern Ireland
Judgment Date
14 December 2018
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Partially allowed
Legal Topics
Disability Discrimination, Breach of Contract, Unauthorised Deduction of Wages, Reasonable Adjustments, Holiday Pay Calculation
Employment Law Discrimination Law Disability Discrimination Breach of Contract Unauthorised Deduction of Wages Reasonable Adjustments Holiday Pay Calculation

Case Brief

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Parties

David McCosh

Claimant

DGS Service Solutions LTD

Respondent

David Huxley

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was a disabled person under the Disability Discrimination Act 1995 at the relevant time
  2. 2 Whether the respondents failed to make reasonable adjustments for the claimant's alleged disability
  3. 3 Whether the respondents made unlawful deductions from the claimant's wages in relation to holiday pay and security licence costs

Ratio Decidendi

The claimant failed to establish on the balance of probabilities that he was disabled at the relevant time under the DDA, so no duty to make reasonable adjustments arose. The respondents made an unlawful deduction from the claimant's wages by underpaying holiday pay, which should have been calculated based on twelve-hour shifts. The deduction for the security licence was lawful as it was a contractually agreed loan.

Court Disposition

Partially allowed

Orders

  • Claim for disability discrimination dismissed
  • Respondents to pay claimant £547.20 for unlawful deduction of wages (holiday pay)