Noade v Northern Health and Social Care Trust [2024]
Decision Number: NIIT 24594/19
Published on: 09/01/2025
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason elliott new
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Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University.  As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.   At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.

Summary

Disability discrimination found when absence management process used and reason for referral to occupational health despite the disability of the claimant and how he had suffered an assault at work.

Background

The claimant worked with the trust from August 2008 as a residential social care worker in a Children’s Home.   From 2007 the claimant outlined that he endured difficult family relationships and led to severe depression and anxiety.


In April 2017 the claimant was subjected to serious threats from some residents including a physical threat as well as a threat to burn his home.   The claimant advised that he would like to return home due to the threats.  This led to the claimant being told that if

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Disclaimer 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. This article is correct at 09/01/2025