Scullion v Scullion (Discrimination - Disability) [2018] NIIT 00169_18IT (13 November 2018)
The claimant was not subjected to direct discrimination as the less favourable treatment arose from a business-wide restructure and collective agreement, not his disability. The respondent complied with its duty to make reasonable adjustments by offering alternative roles and pay protection; the adjustment sought by the claimant (permanent retention of legacy contract) was not reasonable under the statutory criteria.
- Citation
- [2018] NIIT 00169_18IT
- Parties
- Claimant: Adrian Scullion; Respondent: Tesco Stores Ltd
- Jurisdiction
- Northern Ireland
- Judgment Date
- 13 November 2018
- Procedural Posture
- Industrial Tribunal / Final Judgment
- Outcome
- Claims dismissed
- Legal Topics
- Disability Discrimination, Reasonable Adjustments, Direct Discrimination
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Adrian Scullion
Claimant
Tesco Stores Ltd
Respondent
Procedural Posture
Industrial Tribunal / Final Judgment
Legal Issues
- 1 Whether the respondent directly discriminated against the claimant on grounds of disability
- 2 Whether the respondent failed to make reasonable adjustments for the claimant's disability
Ratio Decidendi
The claimant was not subjected to direct discrimination as the less favourable treatment arose from a business-wide restructure and collective agreement, not his disability. The respondent complied with its duty to make reasonable adjustments by offering alternative roles and pay protection; the adjustment sought by the claimant (permanent retention of legacy contract) was not reasonable under the statutory criteria.
Court Disposition
Claims dismissed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment