Fitzsimons v Disability Action (NI) [2023]

Posted In: Case Law
  • Decision Number
    NIIT 26215/21
  • Legal Body
    Northern Ireland Industrial Tribunal (NIIT)
  • Type of Claim / Jurisdiction
Issues covered: Disability Discrimination; Harassment


The claimant began working for the respondent, a voluntary organisation, in November 2011 as an Employment Advocacy Officer.   The claimant has muscular dystrophy, Type 1 diabetes and chronic respiratory failure and is a disabled person within the definition of the legislation.  The claimant worked through various roles being promoted up bands to the Erasmus Project Manager in 2019. The issues leading to the case relate to internal promotions within the workplace.

One of these acts related to the promotion of another colleague to the position of interim CEO.   The claimant suggested it was direct disability discrimination on the basis that the individual

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This article is correct at 16/02/2023

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Jason Elliott BL

The main content of this article was provided by Jason Elliott BL. Email

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