Brannigan v Tesco Stores Ltd [2011] NIIT 06510_09IT (17 May 2011)

Brannigan v Tesco Stores Ltd [2011] NIIT 06510_09IT (17 May 2011)

The claimant did not have a disability within the meaning of the Disability Discrimination Act 1995 at the material time, and there was no evidence of discrimination on grounds of disability or race. The tribunal lacked jurisdiction for the disability claim and dismissed all claims for failure to shift the burden of proof.

Citation
[2011] NIIT 06510_09IT
Parties
Claimant: Maya Brannigan; Respondent: Tesco Stores Ltd
Jurisdiction
Northern Ireland
Judgment Date
17 May 2011
Procedural Posture
Industrial Tribunal / Final Judgment After Substantive Hearing (claimant Absent)
Outcome
All claims dismissed
Legal Topics
Disability Discrimination, Race Discrimination, Jurisdiction, Burden of Proof
Employment Law Equality Law Disability Discrimination Race Discrimination Jurisdiction Burden of Proof

Case Brief

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Parties

Maya Brannigan

Claimant

Tesco Stores Ltd

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment After Substantive Hearing (claimant Absent)

Legal Issues

  1. 1 Whether the claimant was a disabled person under the Disability Discrimination Act 1995
  2. 2 Whether the respondent discriminated against the claimant on grounds of disability
  3. 3 Whether the respondent failed to make reasonable adjustments

Ratio Decidendi

The claimant did not have a disability within the meaning of the Disability Discrimination Act 1995 at the material time, and there was no evidence of discrimination on grounds of disability or race. The tribunal lacked jurisdiction for the disability claim and dismissed all claims for failure to shift the burden of proof.

Court Disposition

All claims dismissed

Orders

  • Claim under Disability Discrimination Act 1995 dismissed for lack of jurisdiction
  • Claim under Race Relations (Northern Ireland) Order 1997 dismissed