McGarrell v North Eastern Education and Li... [2015] NIIT 1167_13IT (13 April 2015)

McGarrell v North Eastern Education and Li... [2015] NIIT 1167_13IT (13 April 2015)

The tribunal found the claimant was not disabled within the meaning of the Disability Discrimination Act 1995, preferring the respondent's medical evidence and finding no substantial adverse effect on normal day-to-day activities. The tribunal also found no repudiatory breach of contract or breach of the implied term of trust and confidence by the respondent, as the respondent acted reasonably in the circumstances and the claimant did not authorise a formal grievance process. Therefore, the claims of disability discrimination and constructive dismissal were dismissed.

Citation
[2015] NIIT 1167_13IT
Parties
Claimant: Gertrude McGarrell; Respondent: North Eastern Education and Library Board
Jurisdiction
Northern Ireland
Judgment Date
13 April 2015
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claims dismissed
Legal Topics
Disability Discrimination Act 1995, Constructive Dismissal, Reasonable Adjustments, Implied Term of Trust and Confidence
Employment Law Disability Discrimination Disability Discrimination Act 1995 Constructive Dismissal Reasonable Adjustments Implied Term of Trust and Confidence

Case Brief

Summary, issues, holding and outcome

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Parties

Gertrude McGarrell

Claimant

North Eastern Education and Library Board

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was disabled within the meaning of the Disability Discrimination Act 1995 as amended
  2. 2 Whether the claimant was constructively dismissed under Part XI of the Employment Rights (NI) Order 1996
  3. 3 Whether the respondent failed to make reasonable adjustments

Ratio Decidendi

The tribunal found the claimant was not disabled within the meaning of the Disability Discrimination Act 1995, preferring the respondent's medical evidence and finding no substantial adverse effect on normal day-to-day activities. The tribunal also found no repudiatory breach of contract or breach of the implied term of trust and confidence by the respondent, as the respondent acted reasonably in the circumstances and the claimant did not authorise a formal grievance process. Therefore, the claims of disability discrimination and constructive dismissal were dismissed.

Court Disposition

Claims dismissed