Porter v Chief Constable of the Police ... (Discrimination - Disability) [2020] NIIT 03322_19IT (31 January 2020)

Porter v Chief Constable of the Police ... (Discrimination - Disability) [2020] NIIT 03322_19IT (31 January 2020)

The claimant failed to establish, on the balance of probabilities, that his musculoskeletal back condition had a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities as required by the DDA. The evidence showed only minor or trivial impact, and the claimant's work and...

Source-derived case information.

Citation
[2020] NIIT 03322
Parties
Claimant: Claimant (Police Officer in PSNI); Respondent: Respondent (PSNI)
Jurisdiction
Northern Ireland
Judgment Date
31 January 2020
Procedural Posture
Employment Tribunal Disability Discrimination / Final Judgment
Outcome
Claim dismissed
Legal Topics
Disability Discrimination Act 1995, Reasonable Adjustments, Knowledge of Disability, Absence Management Policy
Employment Law Disability Discrimination Disability Discrimination Act 1995 Reasonable Adjustments Knowledge of Disability Absence Management Policy

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Parties

Claimant (Police Officer in PSNI)

Claimant

Respondent (PSNI)

Respondent

Procedural Posture

Employment Tribunal Disability Discrimination / Final Judgment

Legal Issues

  1. 1 Whether the claimant's musculoskeletal back condition constitutes a disability under the Disability Discrimination Act 1995
  2. 2 Whether the respondent had actual or constructive knowledge of the claimant's disability at the relevant time
  3. 3 Whether the respondent failed to make reasonable adjustments for the claimant

Ratio Decidendi

The claimant failed to establish, on the balance of probabilities, that his musculoskeletal back condition had a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities as required by the DDA. The evidence showed only minor or trivial impact, and the claimant's work and daily activities were largely unaffected. Even if disability were established, the respondent did not have actual or constructive knowledge of such disability at the relevant time. Therefore, the duty to make reasonable adjustments did not arise and the claim fails.

Court Disposition

Claim dismissed