Anakaa v FirstSource Solutions Ltd [2013] NIIT 1152_12IT (31 December 2013)
The tribunal found no evidence of less favourable treatment or harassment on grounds of race, nor any evidence that the claimant was disabled within the statutory definition or that the respondent failed to make reasonable adjustments. The claimant was paid all sums due, was provided access to itemised pay statements, and suffered no breach of contract. The medical/health issues raised did not justify a permanent anonymity order. All claims were dismissed.
- Citation
- [2013] NIIT 1152
- Parties
- Claimant: Julius Ember Anakaa; Respondent: FirstSource Solutions Ltd
- Jurisdiction
- Northern Ireland
- Judgment Date
- 31 December 2013
- Procedural Posture
- Industrial Tribunal / Final Judgment
- Outcome
- All claims dismissed
- Legal Topics
- Race Discrimination, Disability Discrimination, Unlawful Deduction From Wages, Breach of Contract, Itemised Pay Statements, Anonymity Orders
Case Brief
Summary, issues, holding and outcome
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Parties
Julius Ember Anakaa
Claimant
FirstSource Solutions Ltd
Respondent
Procedural Posture
Industrial Tribunal / Final Judgment
Legal Issues
- 1 Whether the claimant was discriminated against on racial grounds contrary to Article 3(1)(a) of the Race Relations (NI) Order 1997
- 2 Whether the claimant was harassed on grounds of race contrary to Article 4(A) of the Race Relations (NI) Order 1997
- 3 Whether the claimant was disabled for the purposes of the Disability Discrimination Act 1995
Ratio Decidendi
The tribunal found no evidence of less favourable treatment or harassment on grounds of race, nor any evidence that the claimant was disabled within the statutory definition or that the respondent failed to make reasonable adjustments. The claimant was paid all sums due, was provided access to itemised pay statements, and suffered no breach of contract. The medical/health issues raised did not justify a permanent anonymity order. All claims were dismissed.
Court Disposition
All claims dismissed
Orders
- Claim of race discrimination dismissed
- Claim of racial harassment dismissed
Full Case Text
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