Millar v Zavvi Retail Ltd (in administr... [2009] NIIT 208_09IT (16 October 2009)

Millar v Zavvi Retail Ltd (in administr... [2009] NIIT 208_09IT (16 October 2009)

The tribunal found that the claimant was not harassed on the ground of age but was harassed on the ground of disability by his manager, and in the absence of any explanation from the respondent, awarded compensation for injury to feelings and interest.

Citation
[2009] NIIT 208_09IT
Parties
Claimant: David Millar; Respondent: Zavvi Retail Ltd (in administration)
Jurisdiction
Northern Ireland
Judgment Date
16 October 2009
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim for age harassment dismissed; claim for disability harassment upheld; compensation awarded.
Legal Topics
Disability Discrimination, Age Discrimination, Harassment, Compensation for Injury to Feelings

Case Brief

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Parties

David Millar

Claimant

Zavvi Retail Ltd (in administration)

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

  1. 1 Whether the claimant was subjected to harassment on the ground of age
  2. 2 Whether the claimant was subjected to harassment on the ground of disability
  3. 3 Appropriate compensation for injury to feelings

Ratio Decidendi

The tribunal found that the claimant was not harassed on the ground of age but was harassed on the ground of disability by his manager, and in the absence of any explanation from the respondent, awarded compensation for injury to feelings and interest.

Court Disposition

Claim for age harassment dismissed; claim for disability harassment upheld; compensation awarded.

Orders

  • Claim for harassment on the ground of age is dismissed.
  • Claim for harassment on the ground of disability is upheld.