Fay v Department of Finance [2023]

Posted In: Case Law
  • Decision Number
    NIIT 5582/19
  • Legal Body
    Northern Ireland Industrial Tribunal (NIIT)
  • Type of Claim / Jurisdiction
    Dismissal, Discrimination and Equality
Issues covered: Disability Discrimination; Unfair Dismissal


The claimant was employed by the respondent department from January 2015 following an internal transfer within the Northern Ireland Civil Service.   From an early stage there were issues regarding the claimant’s timekeeping and attendance at work.  This led to his line manager approaching him on the issue with the claimant saying that there was an ‘unstated long-term medical problem’ which affected his sleep and did cause him to sleep through his alarm.

The claimant was referred to occupational health.  The report stated there were no adjustments required and the claimant was fit for work.   The same issues recurred though.  Occupational Health

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This article is correct at 09/03/2023

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Jason Elliott BL

The main content of this article was provided by Jason Elliott BL. Email jasondelliott@outlook.com

View all articles by Jason Elliott BL