Devine-Gallagher v Lidl (NI) Limited [2023]
Posted In: Case Law-
Case Reference
NIIT 23572/21 -
Legal Body
Northern Ireland Industrial Tribunal (NIIT) -
Type of Claim / Jurisdiction
Discrimination and Equality
Background:
The claimant was employed as a Deputy Logistics Manager from 2003 until her dismissal in September 2020. The respondent conceded that the claimant was disabled within the meaning set out in the Disability Discrimination Act.
There were a number of issues relating to the claimant’s back pain leading to a number of reports from occupational health. This did start with some adjustments being recommended but culminated in the claimant going off sick in June 2019 and she never returned to the workplace. A capability hearing took place with the claimant in August 2020 (she had had her first back surgery and had her second major surgery just after this meeting) and
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