Campbell v Brett Martin Ltd [2009] NIIT 1964_07IT (05 June 2009)

Campbell v Brett Martin Ltd [2009] NIIT 1964_07IT (05 June 2009)

The tribunal found that the respondents had a duty to consider reasonable adjustments but, based on medical evidence, transferring the claimant from night work would not have alleviated his disadvantage. The claimant was treated the same as a non-disabled person regarding absences. No written grievance was made...

Source-derived case information.

Citation
[2009] NIIT 1964_07IT
Parties
Claimant: Kevin Anthony Campbell; Respondent: Mr Laurence Martin; Respondent: Brett Martin Ltd
Jurisdiction
Northern Ireland
Judgment Date
05 June 2009
Procedural Posture
Industrial Tribunal Disability Discrimination / Final Judgment
Outcome
Claim dismissed
Legal Topics
Reasonable Adjustments, Disability Related Discrimination, Time Limits for Claims, Written Grievance Requirement, Costs in Tribunal Proceedings
Employment Law Disability Discrimination Reasonable Adjustments Disability Related Discrimination Time Limits for Claims Written Grievance Requirement Costs in Tribunal Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kevin Anthony Campbell

Claimant

Mr Laurence Martin

Respondent

Brett Martin Ltd

Respondent

Procedural Posture

Industrial Tribunal Disability Discrimination / Final Judgment

Legal Issues

  1. 1 Whether the respondents were under a duty to make reasonable adjustments regarding the claimant's shift pattern
  2. 2 Whether the respondents failed in their duty to make reasonable adjustments, thereby discriminating unlawfully on grounds of disability
  3. 3 Whether the respondents unlawfully discriminated by treating disability-related absences as ordinary sick leave and issuing a verbal warning

Ratio Decidendi

The tribunal found that the respondents had a duty to consider reasonable adjustments but, based on medical evidence, transferring the claimant from night work would not have alleviated his disadvantage. The claimant was treated the same as a non-disabled person regarding absences. No written grievance was made regarding the verbal warning, depriving the tribunal of jurisdiction on that claim. All claims were dismissed.

Court Disposition

Claim dismissed