McConnell v PINC Retail Ltd [2007] NIIT 1200_06 (8 June 2007)

The claimant is disabled within the meaning of the Act due to long-term epilepsy and has exactly one year's continuous service, qualifying her to bring an unfair dismissal claim.

Citation: [2007] NIIT 1200_06
Parties: Claimant: Karen McConnell; Respondent: PINC Retail Limited
Jurisdiction: Northern Ireland
Judgment Date: 08 June 2007
Procedural Posture: Pre Hearing Review / Determination of Preliminary Issues
Outcome: preliminary issues determined in favour of claimant
Legal Topics: Disability Status Under Disability Discrimination Act 1995, Continuous Employment for Unfair Dismissal

Employment Law Disability Discrimination Disability Status Under Disability Discrimination Act 1995 Continuous Employment for Unfair Dismissal

Case Brief

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Parties

Karen McConnell

Claimant

PINC Retail Limited

Respondent

Procedural Posture

Pre Hearing Review / Determination of Preliminary Issues

Legal Issues

1 Whether the claimant is a person with a disability under the Disability Discrimination Act 1995
2 Whether the claimant has one year's continuous service for unfair dismissal claim

Ratio Decidendi

The claimant is disabled within the meaning of the Act due to long-term epilepsy and has exactly one year's continuous service, qualifying her to bring an unfair dismissal claim.

Court Disposition

preliminary issues determined in favour of claimant

Orders

Claimant is declared a person with a disability under the Disability Discrimination Act 1995.
Claimant has one year's continuous service and may proceed with unfair dismissal claim.