Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF:   2754/14

CLAIMANT:                      Sally Kelly

RESPONDENTS:              1.       Skandia Restaurants Limited

                                        2.       Andrew Davis

DECISION ON A PRE-HEARING REVIEW

The decision of the tribunal is that the claim form as originally worded did not include a claim of either direct disability discrimination or a claim of failure to make reasonable adjustments contrary to the Disability Discrimination Act 1995.  The claim is amended to include the following:-

“(1)     Did the purported comments made by Mr Andrew Davis on 10 September 2014 amount to direct discrimination on the grounds of disability?

(2)     Did the first-named respondent fail to make reasonable adjustments for the claimant when they applied to the claimant the PCP, namely the removal of work duties, in circumstances where the removal of those duties put the claimant at a substantial disadvantage as compared to a non-disabled person?”

The respondents should lodged amended responses within 21 days of the date of this decision.

Constitution of Tribunal:

Vice President (sitting alone):              Mr N Kelly

Appearances:

The claimant was represented by Mr B Mulqueen, Barrister-at-Law, instructed by Equality Commission for Northern Ireland.

The respondents were represented by Mr S Doherty, Barrister-at-Law, instructed by J Blair Employment Law Solicitors.

1.       The decision was given orally with reasons at the end of the hearing in accordance with the tribunal’s Rules of Procedure. 

2.       The matter is listed for a further Case Management Discussion on:-

                    28 May 2015 at 10.00 am

3.       The claimant anticipates putting in a constructive unfair dismissal claim following a resignation expected to occur shortly.  The claimant will put in any further claim of this nature as soon as possible and in any event, if possible, within 21 days of the date of this decision.

4.       The claimant indicated that part of any constructive unfair dismissal claim would be an allegation that a Calderbank letter was relevant to such a claim.  The respondents indicated that they would seek to have any such reference to a Calderbank letter struck-out of any such application.  That may well require a               pre-hearing review.  The parties were to consider the recent decision of the Court of Appeal in the McKinstry case and that issue will be discussed further at the Case Management Discussion on 28 May 2015.

Vice President

Date and place of hearing:         26 March 2015, Belfast

Date decision recorded in register and issued to parties: