Bickerstaff v Gerard Butcher [2015] NIIT 92_14IT (03 February 2015)
The claimant was disabled within the meaning of the Disability Discrimination Act 1995 due to gout and morbid obesity, and was subjected to harassment by the respondent for reasons relating to his disability, as evidenced by sustained derogatory comments and conduct. The respondent failed to provide any defence or adequate explanation.
- Citation
- [2015] NIIT 92_14IT
- Parties
- Claimant: Neil Bickerstaff; Respondent: Gerard Butcher
- Jurisdiction
- Northern Ireland
- Judgment Date
- 03 February 2015
- Procedural Posture
- Industrial Tribunal / Final Judgment on Liability
- Outcome
- Claim of harassment upheld; claimant found to be disabled under the Act.
- Legal Topics
- Disability Discrimination, Harassment, Workplace Bullying, Burden of Proof, Definition of Disability
Case Brief
Summary, issues, holding and outcome
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Parties
Neil Bickerstaff
Claimant
Gerard Butcher
Respondent
Procedural Posture
Industrial Tribunal / Final Judgment on Liability
Legal Issues
- 1 Whether the claimant was disabled within the meaning of the Disability Discrimination Act 1995 as amended
- 2 Whether the claimant was subjected to harassment for a reason relating to his disability
Ratio Decidendi
The claimant was disabled within the meaning of the Disability Discrimination Act 1995 due to gout and morbid obesity, and was subjected to harassment by the respondent for reasons relating to his disability, as evidenced by sustained derogatory comments and conduct. The respondent failed to provide any defence or adequate explanation.
Court Disposition
Claim of harassment upheld; claimant found to be disabled under the Act.
Full Case Text
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