Galvin Duffy v Firstsource Solutions Ltd [2015]

Posted In: Case Law
  • Case Reference
  • Legal Body
    NI Industrial/Employment Tribunal (NIIET)
  • Type of Claim / Jurisdiction
    Discrimination and Equality
Issues covered: Disability; Long Term Effect

The claimant was employed as a Customer Services Advisor and claimed that he was disabled within the definition in the Disability Discrimination Act 1995 and that he was unlawfully discriminated against on the ground of his disability. In dismissing the claim the tribunal highlighted the authority of Goodwin v The Patent Office [1999] IRLR 4 which set out the 4 separate conditions that must be demonstrated before a disability will be recognised. 

The difficulty for the claimant was showing that the adverse effect of his condition (irritable bowel syndrome) was ´long term´. Ultimately it was held that in assessing the likelihood of an effect lasting 12 months that account should be taken

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This article is correct at 14/08/2015

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John Taggart BL

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