McKinley v Brett Martin Ltd [2020]

Posted In: Case Law
  • Decision Number
    6421/19IT
  • Legal Body
    Northern Ireland Industrial Tribunal (NIIT)
  • Type of Claim / Jurisdiction
    Unfair Dismissal, Sickness and Absence, Discrimination and Equality
Issues covered: Unfair Dismissal; Disability Discrimination; Reasonable Adjustments

The claimant was employed by the respondent, a manufacturing company, as an operator from 1995 until her dismissal on 18th December 2018.   The issues centred upon the claimant’s disciplinary warnings that had accrued as a result of poor attendance. The poor attendance was detailed from 2010 until the dismissal in 2018 with the final absence being 38 shifts for the reason of depression/sore knee.  The Occupational Health report outlined that there was a history of depression but that it could be controlled and that it would not have implications for performance at work. 

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This article is correct at 10/02/2020
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Jason Elliott BL
Barrister

The main content of this article was provided by Jason Elliott BL. Email jason.elliott@barlibrary.com

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