Fitzpatrick v Royal Mail Group Ltd [2008] NIIT 1787_07IT (21 October 2008)

Fitzpatrick v Royal Mail Group Ltd [2008] NIIT 1787_07IT (21 October 2008)

The respondent failed to make reasonable adjustments for the claimant's disability by rejecting a simple, cost-effective adjustment (provision of a paper brief) and instead imposing an adjustment that foreseeably singled out and humiliated the claimant. The adjustment was not agreed in a timely manner, and the delay in communication caused further detriment. The respondent breached its statutory duty under the Disability Discrimination Act and relevant Codes.

Citation
[2008] NIIT 1787_07IT
Parties
Claimant: Stephen Fitzpatrick; Respondent: Royal Mail Group Limited
Jurisdiction
Northern Ireland
Judgment Date
21 October 2008
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Judgment for claimant; unlawful discrimination found
Legal Topics
Reasonable Adjustments, Injury to Feelings, Duty to Make Adjustments, Disability Discrimination
Employment Law Disability Discrimination Reasonable Adjustments Injury to Feelings Duty to Make Adjustments

Case Brief

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Parties

Stephen Fitzpatrick

Claimant

Royal Mail Group Limited

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the respondent failed in its duty to make reasonable adjustments for the claimant's disability during the relevant period
  2. 2 Whether the adjustment provided was reasonable in the circumstances

Ratio Decidendi

The respondent failed to make reasonable adjustments for the claimant's disability by rejecting a simple, cost-effective adjustment (provision of a paper brief) and instead imposing an adjustment that foreseeably singled out and humiliated the claimant. The adjustment was not agreed in a timely manner, and the delay in communication caused further detriment. The respondent breached its statutory duty under the Disability Discrimination Act and relevant Codes.

Court Disposition

Judgment for claimant; unlawful discrimination found

Orders

  • Respondent to pay £3,000 for injury to feelings
  • Respondent to pay £300 interest under Industrial Tribunal (Interest on awards in Sex and Disability Cases) Regulations (NI) 1996