Fraser v The Executive Office (Discrimination - Disability) [2019] NIIT 04213_17IT (18 November 2019)

Fraser v The Executive Office (Discrimination - Disability) [2019] NIIT 04213_17IT (18 November 2019)

The claimant failed to establish that the respondent had actual or constructive knowledge of his Autism Spectrum Disorder/Asperger’s Syndrome at the relevant time, and failed to prove that his depression/anxiety amounted to a disability under the Act. There was no evidence that the disciplinary process or sanction placed the claimant at a substantial disadvantage compared to non-disabled persons. Therefore, the duty to make reasonable adjustments was not triggered and the claim of disability discrimination fails.

Citation
[2019] NIIT 04213_17IT
Parties
Claimant: Ken Fraser; Respondent: The Executive Office
Jurisdiction
Northern Ireland
Judgment Date
18 November 2019
Procedural Posture
Industrial Tribunal Disability Discrimination / Final Judgment
Outcome
Claim dismissed
Legal Topics
Disability Discrimination, Reasonable Adjustments, Knowledge of Disability, Burden of Proof, Disciplinary Procedures
Employment Law Discrimination Law Disability Discrimination Reasonable Adjustments Knowledge of Disability Burden of Proof Disciplinary Procedures

Case Brief

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Parties

Ken Fraser

Claimant

The Executive Office

Respondent

Procedural Posture

Industrial Tribunal Disability Discrimination / Final Judgment

Legal Issues

  1. 1 Whether the claimant was disabled within the meaning of the Disability Discrimination Act 1995 at the relevant time
  2. 2 Whether the respondent had actual or constructive knowledge of the claimant’s disability
  3. 3 Whether the respondent failed to make reasonable adjustments in relation to disciplinary procedures and sanctions

Ratio Decidendi

The claimant failed to establish that the respondent had actual or constructive knowledge of his Autism Spectrum Disorder/Asperger’s Syndrome at the relevant time, and failed to prove that his depression/anxiety amounted to a disability under the Act. There was no evidence that the disciplinary process or sanction placed the claimant at a substantial disadvantage compared to non-disabled persons. Therefore, the duty to make reasonable adjustments was not triggered and the claim of disability discrimination fails.

Court Disposition

Claim dismissed

Orders

  • The claim of disability discrimination is dismissed.