Moore v ICTS (UK) LtdWinnie McCarroll [2016] NIIT 00359_16IT (18 October 2016)

Moore v ICTS (UK) LtdWinnie McCarroll [2016] NIIT 00359_16IT (18 October 2016)

The claimant failed to prove facts from which the tribunal could infer unlawful discrimination or breach of duty to make reasonable adjustments. Dismissal was based on incapacity due to health and medication, not disability. No suitable alternative roles existed, and the respondent acted within legal requirements.

Citation
[2016] NIIT 00359_16IT
Parties
Claimant: Jonathan Moore; Respondent: ICTS (UK) Ltd; Respondent: Winnie McCarroll
Jurisdiction
Northern Ireland
Judgment Date
18 October 2016
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claims dismissed
Legal Topics
Disability Discrimination, Unfair Dismissal, Reasonable Adjustments
Employment Law Discrimination Law Disability Discrimination Unfair Dismissal Reasonable Adjustments

Case Brief

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Parties

Jonathan Moore

Claimant

ICTS (UK) Ltd

Respondent

Winnie McCarroll

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was unlawfully discriminated against under the Disability Discrimination Act 1995
  2. 2 Whether the claimant was unfairly dismissed under the Employment Rights (Northern Ireland) Order 1996
  3. 3 Whether the respondent failed to make reasonable adjustments

Ratio Decidendi

The claimant failed to prove facts from which the tribunal could infer unlawful discrimination or breach of duty to make reasonable adjustments. Dismissal was based on incapacity due to health and medication, not disability. No suitable alternative roles existed, and the respondent acted within legal requirements.

Court Disposition

Claims dismissed

Orders

  • Claim for unlawful discrimination under Disability Discrimination Act 1995 dismissed
  • Claim for unfair dismissal dismissed