Anakaa v FirstSource Solutions Ltd [2013] NIIT 1152_12IT (31 December 2013)

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

  1. 1 Whether the claimant was discriminated against on racial grounds contrary to Article 3(1)(a) of the Race Relations (NI) Order 1997
  2. 2 Whether the claimant was harassed on grounds of race contrary to Article 4(A) of the Race Relations (NI) Order 1997
  3. 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