Smyth v Gavin Hawkins ARH Enterprises Ltd [2014] NIIT 173_14IT (01 August 2014)

Smyth v Gavin Hawkins ARH Enterprises Ltd [2014] NIIT 173_14IT (01 August 2014)

The claimant was a disabled person under the DDA, was constructively dismissed due to the employer's repudiatory breach and failure to make reasonable adjustments, and the dismissal was directly discriminatory. The claims for unfair dismissal, age discrimination, wages, and holiday pay were dismissed as out of time or unsupported.

Citation
[2014] NIIT 173_14IT
Parties
Claimant: Francis Gerard Smyth; Respondent: Gavin Hawkins; Respondent: ARH Enterprises Ltd
Jurisdiction
Northern Ireland
Judgment Date
01 August 2014
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim for discriminatory dismissal under the DDA upheld; all other claims dismissed.
Legal Topics
Disability Discrimination, Constructive Dismissal, Unfair Dismissal, Breach of Contract, Holiday Pay, Wages, Age Discrimination, Time Limits
Employment Law Discrimination Law Disability Discrimination Constructive Dismissal Unfair Dismissal Breach of Contract Holiday Pay Wages +2 more

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Parties

Francis Gerard Smyth

Claimant

Gavin Hawkins

Respondent

ARH Enterprises Ltd

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was constructively dismissed due to disability discrimination under the Disability Discrimination Act 1995
  2. 2 Whether the claimant was unfairly dismissed
  3. 3 Whether the claimant was discriminated against on grounds of age

Ratio Decidendi

The claimant was a disabled person under the DDA, was constructively dismissed due to the employer's repudiatory breach and failure to make reasonable adjustments, and the dismissal was directly discriminatory. The claims for unfair dismissal, age discrimination, wages, and holiday pay were dismissed as out of time or unsupported.

Court Disposition

Claim for discriminatory dismissal under the DDA upheld; all other claims dismissed.

Orders

  • Respondents to pay claimant £11,120 jointly and severally in respect of the DDA claim.