Connolly v S/N Cathy Burke Personal Representatives of F ... Tom Wilson [2011] NIIT 00395_10IT (27 May 2011)

Connolly v S/N Cathy Burke Personal Representatives of F ... Tom Wilson [2011] NIIT 00395_10IT (27 May 2011)

The claimant failed to establish evidence of a disability under the Disability Discrimination Act 1995, as medical evidence did not show a substantial and long-term adverse effect on her ability to perform normal day-to-day activities. The Tribunal found no facts from which it could conclude that disability was a factor in her dismissal. The dismissal was due to Mrs Wilson's loss of trust and confidence in the claimant's fitness for work, not disability.

Citation
[2011] NIIT 00395_10IT
Parties
Claimant: Anne Marie Connolly; Respondent: S/N Cathy Burke; Respondent: Personal Representatives of F G Wilson (Deceased); Respondent: Tom Wilson
Jurisdiction
Northern Ireland
Judgment Date
27 May 2011
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claim dismissed
Legal Topics
Disability Discrimination, Unfair Dismissal, Burden of Proof, Comparators, Dismissal Procedures
Employment Law Disability Discrimination Unfair Dismissal Burden of Proof Comparators Dismissal Procedures

Case Brief

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Parties

Anne Marie Connolly

Claimant

S/N Cathy Burke

Respondent

Personal Representatives of F G Wilson (Deceased)

Respondent

Tom Wilson

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was discriminated against on the grounds of disability under the Disability Discrimination Act 1995
  2. 2 Whether the claimant's dismissal was related to disability

Ratio Decidendi

The claimant failed to establish evidence of a disability under the Disability Discrimination Act 1995, as medical evidence did not show a substantial and long-term adverse effect on her ability to perform normal day-to-day activities. The Tribunal found no facts from which it could conclude that disability was a factor in her dismissal. The dismissal was due to Mrs Wilson's loss of trust and confidence in the claimant's fitness for work, not disability.

Court Disposition

Claim dismissed