Harrison v Queen's University Belfast [2013] NIIT 1559_12IT (10 April 2013)
The tribunal found that the respondent's withdrawal of the job offer was based on unsatisfactory medical evidence, unsatisfactory references, and false information on the application form, not on the claimant's disability. The respondent considered reasonable adjustments but found them unfeasible for the role in question. The claimant failed to establish facts from which the tribunal could conclude that discrimination occurred. The claims for direct disability discrimination, disability-related discrimination, and failure to make reasonable adjustments were dismissed.
- Citation
- [2013] NIIT 1559_12IT
- Parties
- Claimant: Dylan Stuart Harrison; Respondent: Queen’s University Belfast
- Jurisdiction
- Northern Ireland
- Judgment Date
- 10 April 2013
- Procedural Posture
- Employment Tribunal / Final Judgment
- Outcome
- claims dismissed
- Legal Topics
- Direct Disability Discrimination, Disability Related Discrimination, Failure to Make Reasonable Adjustments, Burden of Proof, Statutory Justification, Reasonable Adjustments, Comparators
Case Brief
Summary, issues, holding and outcome
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Parties
Dylan Stuart Harrison
Claimant
Queen’s University Belfast
Respondent
Procedural Posture
Employment Tribunal / Final Judgment
Legal Issues
- 1 Whether the claimant was treated less favourably for a reason relating to his disability contrary to Section 3A(1)(a) of the Disability Discrimination Act 1995 by withdrawal of a job offer.
- 2 Whether the claimant was treated less favourably on the ground of his disability contrary to Section 3A(5) of the Act.
- 3 Whether the respondent can rely on any justification under Section 3A of the Act.
Ratio Decidendi
The tribunal found that the respondent's withdrawal of the job offer was based on unsatisfactory medical evidence, unsatisfactory references, and false information on the application form, not on the claimant's disability. The respondent considered reasonable adjustments but found them unfeasible for the role in question. The claimant failed to establish facts from which the tribunal could conclude that discrimination occurred. The claims for direct disability discrimination, disability-related discrimination, and failure to make reasonable adjustments were dismissed.
Court Disposition
claims dismissed
Full Case Text
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