Birkenhead v Homefirst Community Trust [2007] NIIT 128_05 (30 March 2007)

Birkenhead v Homefirst Community Trust [2007] NIIT 128_05 (30 March 2007)

The claimant failed to discharge the burden of proof to show, on a balance of probabilities, that he had a disability within the meaning of the Disability Discrimination Act 1995 at the relevant time, due to lack of credible medical evidence and insufficient proof of substantial and long-term adverse effect on normal day-to-day activities.

Citation
[2007] NIIT 128_05
Parties
Claimant: Reeve John Birkenhead; Respondent: Homefirst Community Trust
Jurisdiction
Northern Ireland
Judgment Date
30 March 2007
Procedural Posture
Industrial Tribunal / Pre Hearing Review
Outcome
Claim dismissed as claimant does not have a disability within the meaning of the Disability Discrimination Act 1995.
Legal Topics
Definition of Disability, Burden of Proof, Past Disability, Medical Evidence, Disablement Pension
Employment Law Disability Discrimination Definition of Disability Burden of Proof Past Disability Medical Evidence Disablement Pension

Case Brief

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Parties

Reeve John Birkenhead

Claimant

Homefirst Community Trust

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review

Legal Issues

  1. 1 Whether the claimant has a disability within the meaning of the Disability Discrimination Act 1995
  2. 2 Whether the claimant had a past disability under the Act

Ratio Decidendi

The claimant failed to discharge the burden of proof to show, on a balance of probabilities, that he had a disability within the meaning of the Disability Discrimination Act 1995 at the relevant time, due to lack of credible medical evidence and insufficient proof of substantial and long-term adverse effect on normal day-to-day activities.

Court Disposition

Claim dismissed as claimant does not have a disability within the meaning of the Disability Discrimination Act 1995.

Orders

  • Complaint of discrimination on grounds contrary to the Disability Discrimination Act 1995 dismissed.
  • Complaint of unfair dismissal to be listed for hearing in due course.