Shaw v Queen's University Belfast [2008] NIIT 1403_07IT (28 February 2008)

Shaw v Queen's University Belfast [2008] NIIT 1403_07IT (28 February 2008)

The respondent did not victimise the claimant as the move to the main site was not related to the protected act but was based on expressed concerns and union intervention. However, the respondent failed to make reasonable adjustments as required by Section 4A of the Act, as the move to the main site caused substantial disadvantage and embarrassment to the claimant, and the respondent did not provide evidence that the arrangement at the Lodge was unsustainable or consider a move back as a reasonable adjustment.

Citation
[2008] NIIT 1403_07IT
Parties
Claimant: Johnston Shaw; Respondent: Queen's University Belfast
Jurisdiction
Northern Ireland
Judgment Date
28 February 2008
Procedural Posture
Industrial Tribunal Disability Discrimination / Final Judgment
Outcome
Claim for victimisation dismissed; claim for failure to make reasonable adjustments upheld; compensation awarded.
Legal Topics
Reasonable Adjustments, Victimisation, Burden of Proof, Injury to Feelings
Employment Law Disability Discrimination Reasonable Adjustments Victimisation Burden of Proof Injury to Feelings

Case Brief

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Parties

Johnston Shaw

Claimant

Queen's University Belfast

Respondent

Procedural Posture

Industrial Tribunal Disability Discrimination / Final Judgment

Legal Issues

  1. 1 Whether the respondent failed in its duty under Section 4A of the Disability Discrimination Act 1995 to make reasonable adjustments
  2. 2 Whether the respondent victimised the claimant contrary to Section 55 of the Disability Discrimination Act 1995

Ratio Decidendi

The respondent did not victimise the claimant as the move to the main site was not related to the protected act but was based on expressed concerns and union intervention. However, the respondent failed to make reasonable adjustments as required by Section 4A of the Act, as the move to the main site caused substantial disadvantage and embarrassment to the claimant, and the respondent did not provide evidence that the arrangement at the Lodge was unsustainable or consider a move back as a reasonable adjustment.

Court Disposition

Claim for victimisation dismissed; claim for failure to make reasonable adjustments upheld; compensation awarded.

Orders

  • Respondent to pay £4,000 for injury to feelings
  • Respondent to pay £240 interest