McNeill v McMaster (t/a Chipmaster) [2010] NIIT 6112_09IT (31 March 2010)

McNeill v McMaster (t/a Chipmaster) [2010] NIIT 6112_09IT (31 March 2010)

The claimant was disabled within the meaning of the Act, the respondent failed to make reasonable adjustments, but dismissal was not for a disability-related reason nor for gross misconduct. No sex discrimination was proven. Notice pay and compensation for injury to feelings were awarded.

Citation
[2010] NIIT 6112_09IT
Parties
Claimant: Steven McNeill; Respondent: Ian McMaster T/A Chipmaster
Jurisdiction
Northern Ireland
Judgment Date
31 March 2010
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim partly upheld, partly dismissed.
Legal Topics
Reasonable Adjustments, Notice Pay, Injury to Feelings, Gross Misconduct, Comparators in Discrimination, Burden of Proof
Employment Law Disability Discrimination Sex Discrimination Reasonable Adjustments Notice Pay Injury to Feelings Gross Misconduct Comparators in Discrimination +1 more

Case Brief

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Parties

Steven McNeill

Claimant

Ian McMaster T/A Chipmaster

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Is the claimant disabled within the meaning of the Disability Discrimination Act 1995?
  2. 2 Did the respondent fail to make reasonable adjustments for the claimant's disability?
  3. 3 Did the respondent unlawfully discriminate against the claimant for a disability-related reason?

Ratio Decidendi

The claimant was disabled within the meaning of the Act, the respondent failed to make reasonable adjustments, but dismissal was not for a disability-related reason nor for gross misconduct. No sex discrimination was proven. Notice pay and compensation for injury to feelings were awarded.

Court Disposition

Claim partly upheld, partly dismissed.

Orders

  • Respondent to pay claimant £190.00 as notice pay.
  • Respondent to pay claimant £1,250.00 for injury to feelings.