Fox v McGuigan [2007] NIIT 496_05 (17 May 2007)

Fox v McGuigan [2007] NIIT 496_05 (17 May 2007)

The tribunal finds, on the basis of the parties' agreement and available medical evidence, that the claimant had a disability at the material time within the meaning of the Disability Discrimination Act 1995.

Source-derived case information.

Citation
[2007] NIIT 496_05
Parties
Claimant: Barry John Fox; Respondent: Kevin McGuigan; Respondent: Christine McGuigan (Nee Meyler)
Jurisdiction
Northern Ireland
Judgment Date
17 May 2007
Procedural Posture
Industrial Tribunal / Pre Hearing Review
Outcome
Preliminary issue determined in favour of the claimant; claimant had a disability at the material time.
Legal Topics
Disability Status, Preliminary Issues, Disability Discrimination Act 1995
Employment Law Disability Discrimination Disability Status Preliminary Issues Disability Discrimination Act 1995

Source-derived case record

Summary, issues, holding and outcome

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Parties

Barry John Fox

Claimant

Kevin McGuigan

Respondent

Christine McGuigan (Nee Meyler)

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review

Legal Issues

  1. 1 Whether the claimant had a disability at the material time within the meaning of Section 1 of the Disability Discrimination Act 1995

Ratio Decidendi

The tribunal finds, on the basis of the parties' agreement and available medical evidence, that the claimant had a disability at the material time within the meaning of the Disability Discrimination Act 1995.

Court Disposition

Preliminary issue determined in favour of the claimant; claimant had a disability at the material time.

Orders

  • Claimant's solicitors to write to the Secretary of the Industrial Tribunals by 15 June 2007 outlining the parties' common or respective positions regarding a stay of proceedings.