Scott v Mace Express & Ors [2017] NIIT 01184_16IT (02 June 2017)

Scott v Mace Express & Ors [2017] NIIT 01184_16IT (02 June 2017)

The claimant failed to establish, on the balance of probabilities, that the named respondent Robert George Symington trading as Mace Express Loughview was her employer. There was insufficient evidence linking the named respondent to the business where the claimant worked. Accordingly, the claim was dismissed as the tribunal could not be satisfied as to the identity of the employer.

Citation
[2017] NIIT 01184_16IT
Parties
Claimant: Hazel Scott; Respondent: Mace Express; Respondent: Danielle; Respondent: Robert George Symington
Jurisdiction
Northern Ireland
Judgment Date
02 June 2017
Procedural Posture
Disability Discrimination Claim / Final Judgment After Hearing on Preliminary Issue of Employer Identity
Outcome
claim dismissed
Legal Topics
Identification of Employer, Burden of Proof, Reasonable Adjustments, Direct Discrimination, Dismissal of Claim
Employment Law Disability Discrimination Identification of Employer Burden of Proof Reasonable Adjustments Direct Discrimination Dismissal of Claim

Case Brief

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Parties

Hazel Scott

Claimant

Mace Express

Respondent

Danielle

Respondent

Robert George Symington

Respondent

Procedural Posture

Disability Discrimination Claim / Final Judgment After Hearing on Preliminary Issue of Employer Identity

Legal Issues

  1. 1 Whether the claimant correctly identified her employer for the purposes of the Disability Discrimination Act 1995 claim
  2. 2 Whether the claimant was subjected to disability discrimination in dismissal and failure to make reasonable adjustments

Ratio Decidendi

The claimant failed to establish, on the balance of probabilities, that the named respondent Robert George Symington trading as Mace Express Loughview was her employer. There was insufficient evidence linking the named respondent to the business where the claimant worked. Accordingly, the claim was dismissed as the tribunal could not be satisfied as to the identity of the employer.

Court Disposition

claim dismissed

Orders

  • Title of proceedings amended to name Robert George Symington trading as Mace Express Loughview as respondent
  • Claim dismissed against the respondent as the tribunal could not be satisfied on the balance of probabilities that the named respondent was the claimant’s employer