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	Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Tunney v Calcast [2005] NIIT 894_03 (28 April 2005) URL: http://www.bailii.org/nie/cases/NIIT/2005/894_03.html Cite as: [2005] NIIT 894_03, [2005] NIIT 894_3

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THE INDUSTRIAL TRIBUNALS

CASE REF: 894/03

CLAIMANT: Gerald Tunney

RESPONDENT: Calcast

DECISION ON A PRELIMINARY ISSUE

The finding of the tribunal is that the preliminary issue is answered in the affirmative and the claimant's claim may proceed to hearing.

Appearances:

The claimant was represented by Mr G. Kilpatrick, Solicitor of Thompsons McClure, Solicitors.

The respondent was represented Ms L. Toolan of Engineering Employers' Federation.

Sources of evidence

1. The tribunal heard part of the examination in chief of the claimant. In addition the tribunal was provided with a bundle of documents of 118 pages.

The claim and defence

2. The claimant claimed discrimination contrary to the Disability Discrimination Act. The respondent denied the claimant was discriminated against on the grounds of disability and did not accept that the claimant is disabled within the meaning of the Disability Discrimination Act.

The issues

3. This application was listed to determine the preliminary issue:-

"Whether there was a disability within the meaning of Section 1 of the Disability Discrimination Act 1995".

Findings

4. The tribunal did not make any findings. The matter was not completed on the day it was listed. The application was adjourned to May 23 and 26 for completion of the evidence including medical evidence.
5. At the outset the parties were agreed that there was a physical impairment and that it is long term.
6. By letter of 20 May 2005 the respondent's representative wrote to the Office of the Industrial Tribunals and the Fair Employment Tribunal indicating that the respondent conceded the fact of disability. The respondent further indicated that it had informed the claimant's representative of its concession and that the latter had no objection to this.
7. By letter of 20 May 2005 to the Office of Industrial Tribunals and the Fair Employment Tribunal the claimant's representative signalled their knowledge of the respondent's concession and sought a decision confirming that the claimant is a disabled person for the purposes of the Disability Discrimination Act 1995.
8. Accordingly the preliminary issue is answered in the affirmative.
9. The claimant's application may now proceed to hearing.

Chairman:

Date and place of hearing: 28 April 2005, Belfast.

Date decision recorded in register and issued to parties: