Doherty v Fortress Diagnostics Ltd (Discrimination - Disability Breach of Contract) [2022] NIit 15744_20IT (11 March 2022)

Doherty v Fortress Diagnostics Ltd (Discrimination - Disability Breach of Contract) [2022] NIit 15744_20IT (11 March 2022)

The respondent failed in its duty to make reasonable adjustments by not providing a quieter workspace or permitting noise-cancelling headphones, both of which would have alleviated the substantial disadvantage caused by the claimant’s disability. The respondent also subjected the claimant to harassment by making a dismissive and degrading comment about his disability, violating his dignity. The claims for direct disability discrimination and breach of contract were withdrawn and dismissed.

Citation
[2022] NIit 15744_20IT
Parties
Claimant: [Claimant Name Redacted]; Respondent: [Respondent Name Redacted]
Jurisdiction
Northern Ireland
Judgment Date
11 March 2022
Procedural Posture
Employment Tribunal / Final Judgment After Full Hearing
Outcome
Claim for breach of contract and direct disability discrimination dismissed; claims for failure to make reasonable adjustments and harassment on grounds of disability upheld.
Legal Topics
Disability Discrimination, Reasonable Adjustments, Harassment, Injury to Feelings, Burden of Proof
Employment Law Discrimination Law Disability Discrimination Reasonable Adjustments Harassment Injury to Feelings Burden of Proof

Case Brief

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Parties

[Claimant Name Redacted]

Claimant

[Respondent Name Redacted]

Respondent

Procedural Posture

Employment Tribunal / Final Judgment After Full Hearing

Legal Issues

  1. 1 Did the respondent fail to make reasonable adjustments for the claimant contrary to Section 4A of the Disability Discrimination Act 1995?
  2. 2 Did the respondent subject the claimant to harassment on the grounds of disability contrary to Section 3B of the Disability Discrimination Act 1995?

Ratio Decidendi

The respondent failed in its duty to make reasonable adjustments by not providing a quieter workspace or permitting noise-cancelling headphones, both of which would have alleviated the substantial disadvantage caused by the claimant’s disability. The respondent also subjected the claimant to harassment by making a dismissive and degrading comment about his disability, violating his dignity. The claims for direct disability discrimination and breach of contract were withdrawn and dismissed.

Court Disposition

Claim for breach of contract and direct disability discrimination dismissed; claims for failure to make reasonable adjustments and harassment on grounds of disability upheld.

Orders

  • Respondent to pay claimant £7,500 for injury to feelings (reasonable adjustments and harassment)
  • Respondent to pay interest of £1,065.21 on the award