Moore v Ms Avis Beattie Department of Justice [2011] NIIT 01905_10IT (22 August 2011)

Moore v Ms Avis Beattie Department of Justice [2011] NIIT 01905_10IT (22 August 2011)

The tribunal found that while the duty to make reasonable adjustments arose, the claimant failed to prove that the duty was breached. The evidence showed that the respondents made or offered reasonable adjustments, and the claimant did not establish less favourable treatment or harassment on grounds of disability. The claimant's employment ended by mutual consent following ill-health retirement, not by dismissal. Accordingly, the claims of unlawful disability discrimination, failure to make reasonable adjustments, harassment, direct discrimination, and constructive dismissal were dismissed.

Citation
[2011] NIIT 01905_10IT
Parties
Claimant: David Moore; Respondent: Ms Avis Beattie; Respondent: Department of Justice
Jurisdiction
Northern Ireland
Judgment Date
22 August 2011
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claims dismissed
Legal Topics
Reasonable Adjustments, Direct Discrimination, Harassment, Constructive Dismissal, Unfair Dismissal
Employment Law Disability Discrimination Reasonable Adjustments Direct Discrimination Harassment Constructive Dismissal Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

David Moore

Claimant

Ms Avis Beattie

Respondent

Department of Justice

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant's employment ended by mutual consent or resignation
  2. 2 Whether the claimant was unfairly or constructively dismissed
  3. 3 Whether the respondents failed to make reasonable adjustments under the Disability Discrimination Act 1995

Ratio Decidendi

The tribunal found that while the duty to make reasonable adjustments arose, the claimant failed to prove that the duty was breached. The evidence showed that the respondents made or offered reasonable adjustments, and the claimant did not establish less favourable treatment or harassment on grounds of disability. The claimant's employment ended by mutual consent following ill-health retirement, not by dismissal. Accordingly, the claims of unlawful disability discrimination, failure to make reasonable adjustments, harassment, direct discrimination, and constructive dismissal were dismissed.

Court Disposition

Claims dismissed

Orders

  • The claimant’s claims of unlawful disability discrimination are dismissed.
  • The claimant’s employment ended by mutual consent.