Long v Social Security Agency and Oth... [2010] NIIT 1166_08IT (25 November 2010)

Long v Social Security Agency and Oth... [2010] NIIT 1166_08IT (25 November 2010)

The tribunal held that the duties to make reasonable adjustments under Section 4A of the Disability Discrimination Act 1995 and to provide reasonable accommodation under Article 5 of the Framework Directive do not extend to protect persons who are not themselves disabled but are primary carers for disabled persons. Similarly, the prohibition on indirect disability discrimination in the Framework Directive does not extend to persons associated with a disabled person who are not themselves disabled. The tribunal answered all three preliminary legal issues in the negative, following the clear wording of the legislation and relevant case law.

Citation
[2010] NIIT 1166_08IT
Parties
Claimant: Gillian Lorraine Long; Respondent: Social Security Agency; Respondent: Northern Ireland Civil Service; Respondent: Department for Social Development; Respondent: Alistair McLean; Respondent: Jimmy Maguire; Respondent: Carmel Downey
Jurisdiction
Northern Ireland
Judgment Date
25 November 2010
Procedural Posture
Industrial Tribunal (northern Ireland) / Pre Hearing Review
Outcome
All preliminary legal issues answered in the negative; claimant's arguments on associative discrimination in these contexts rejected.
Legal Topics
Disability Discrimination, Associative Discrimination, Reasonable Adjustments, Indirect Discrimination, Interpretation of EU Directives
Employment Law Equality and Discrimination Law European Union Law Disability Discrimination Associative Discrimination Reasonable Adjustments Indirect Discrimination Interpretation of EU Directives

Case Brief

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Parties

Gillian Lorraine Long

Claimant

Social Security Agency

Respondent

Northern Ireland Civil Service

Respondent

Department for Social Development

Respondent

Alistair McLean

Respondent

Jimmy Maguire

Respondent

Carmel Downey

Respondent

Procedural Posture

Industrial Tribunal (northern Ireland) / Pre Hearing Review

Legal Issues

  1. 1 Does the duty to make reasonable adjustments under Section 4A of the Disability Discrimination Act 1995 extend to primary carers for disabled persons who are not themselves disabled?
  2. 2 Does the duty to make reasonable accommodation under Article 5 of Council Directive 2000/78/EC extend to protect primary carers for disabled persons who are not themselves disabled?
  3. 3 Does the prohibition on indirect disability discrimination in the Framework Directive extend to protect persons associated with a disabled person who are not themselves disabled?

Ratio Decidendi

The tribunal held that the duties to make reasonable adjustments under Section 4A of the Disability Discrimination Act 1995 and to provide reasonable accommodation under Article 5 of the Framework Directive do not extend to protect persons who are not themselves disabled but are primary carers for disabled persons. Similarly, the prohibition on indirect disability discrimination in the Framework Directive does not extend to persons associated with a disabled person who are not themselves disabled. The tribunal answered all three preliminary legal issues in the negative, following the clear wording of the legislation and relevant case law.

Court Disposition

All preliminary legal issues answered in the negative; claimant's arguments on associative discrimination in these contexts rejected.