Dunseath v Royal Mail Group [2007] NIIT 2294_04 (26 January 2007)

Dunseath v Royal Mail Group [2007] NIIT 2294_04 (26 January 2007)

The claimant failed to establish, on the balance of probabilities, that his physical and mental impairments were substantial as required by the Disability Discrimination Act 1995; therefore, he is not a disabled person under the Act and the claim is dismissed.

Citation
[2007] NIIT 2294_04
Parties
Claimant: Brian Dunseath; Respondent: Royal Mail Group
Jurisdiction
Northern Ireland
Judgment Date
26 January 2007
Procedural Posture
Industrial Tribunal / Pre Hearing Review and Substantive Determination
Outcome
Claim dismissed
Legal Topics
Disability Discrimination Act 1995, Definition of Disability, Jurisdiction, Time Limits
Employment Law Disability Discrimination Disability Discrimination Act 1995 Definition of Disability Jurisdiction Time Limits

Case Brief

Summary, issues, holding and outcome

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Parties

Brian Dunseath

Claimant

Royal Mail Group

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review and Substantive Determination

Legal Issues

  1. 1 Whether the claim was lodged within the statutory time limit
  2. 2 Whether the claimant is a disabled person under the Disability Discrimination Act 1995

Ratio Decidendi

The claimant failed to establish, on the balance of probabilities, that his physical and mental impairments were substantial as required by the Disability Discrimination Act 1995; therefore, he is not a disabled person under the Act and the claim is dismissed.

Court Disposition

Claim dismissed

Orders

  • Proceedings against second, third, and fourth-named respondents struck out
  • Tribunal has jurisdiction to determine the case