McCorry & Ors v McKeith [2016] NICA 47 (29 November 2016)

McCorry & Ors v McKeith [2016] NICA 47 (29 November 2016)

The Tribunal correctly found direct associative disability discrimination because Ms McKeith was dismissed due to her caring responsibilities for her disabled daughter, and the employer failed to provide an adequate non-discriminatory explanation. The comparator and burden of proof were properly applied.

Citation
[2016] NICA 47
Parties
Appellant/respondent: Frank McCorry & Ors as the committee of the Ardoyne Association; Respondent/claimant: Maria McKeith
Jurisdiction
Northern Ireland
Judgment Date
29 November 2016
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Disability Discrimination, Associative Discrimination, Burden of Proof, Redundancy, Unfair Dismissal
Employment Law Discrimination Law Disability Discrimination Associative Discrimination Burden of Proof Redundancy Unfair Dismissal

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Parties

Frank McCorry & Ors as the committee of the Ardoyne Association

Appellant/respondent

Maria McKeith

Respondent/claimant

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in finding direct associative disability discrimination under the Disability Discrimination Act 1995
  2. 2 Whether the correct comparator was applied for direct discrimination
  3. 3 Whether the burden of proof was correctly applied

Ratio Decidendi

The Tribunal correctly found direct associative disability discrimination because Ms McKeith was dismissed due to her caring responsibilities for her disabled daughter, and the employer failed to provide an adequate non-discriminatory explanation. The comparator and burden of proof were properly applied.

Court Disposition

appeal dismissed