Paul Cosgrove v Northern Ireland Ambulance Service
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 08 November 2006 |
| Neutral Citation | [2006] NICA 44 |
| Year | 2006 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 08 November 2006 |
1
Neutral Citation no. [2006] NICA 44
Ref:
KERF5690
Judgment: approved by the Court for handing down
Delivered:
08/11/06
(subject to editorial corrections)
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
APPEAL BY WAY OF CASE STATED FROM A DECISION OF AN
INDUSTRIAL TRIBUNAL
________
PAUL COSGROVE
Appellant;
-and-
NORTHERN IRELAND AMBULANCE SERVICE
Respondents.
________
Before Kerr LCJ, Nicholson LJ and Sheil LJ
________
KERR LCJ
Introduction
[1] This is an appeal by way of case stated from a decision of an Industrial
Tribunal whereby it held at a preliminary hearing that the respondent had not
discriminated against the appellant contrary to section 1 of the Disability
Discrimination Act 1995.
[2] The opinion of this court was sought on three questions: -
1. Did the tribunal err in law in deciding that the essential feature of
the appellant’s disability, namely his physical impairment, was his
severe disfigurement and not [his] psoriasis …?
2. Did the tribunal err in law in deciding that the appellant’s claim
under the Disability Discrimination Act 1995 must fail because the
reason for his failure to obtain the post was in no way related to the
severe disfigurement aspect of his condition?
To continue reading
Request your trial
1 cases
-
Hutchison 3G UK Ltd v Mr C Edwards
...example suggests – not be wholly irrelevant in establishing severity. 21. In the case of Cosgrove v Northern Ireland Ambulance Service [2006] NICA 44, Court of Appeal in Northern Ireland was concerned with a claim of disability discrimination against a claimant suffering from psoriasis, who......
2 books & journal articles
-
‘All About That Bass’? Is non‐ideal‐weight discrimination unlawful in the UK?
...Art 3; and the deeming provisions of Sched 1, Art 6.43 The other instance of departure lies in the deeming provisions of Sch 1 Art 6.44 [2006] NICA 44.45 ibid at [15] (emphasis in the original).C2016 The Authors. The Modern Law Review C2016 The Moder n LawReview Limited.(2016) 79(2) MLR 2......
-
Difficult distinctions in anti-discrimination law: Disfigurement, appearance and disability
...provision.13. Hand v. The Police Authority for Northern Ireland [2002] NIIT 1691_01.14. Cosgrove v. Northern Ireland Ambulance Service [2007] IRLR 397.15. Anonymous, ‘Ex-CBeebies presenter: “Parents criticised my decision not to wear prostheticarm”’, ITV (2017). Available at: https://www.it......