The Labour Court upheld a decision that Karen McCarthy’s disability discrimination complaint against Access It CLG was not well founded. In its determination dated 29 September 2022, the Court found she had not established facts from which discrimination could be inferred.
McCarthy, an IT trainer with the organisation from 2011 to 2019, said her manager’s attitude changed after she disclosed her depression and that the employer failed to make reasonable adjustments. Access It CLG disputed the complaint and said it made changes to support her return to work, including a staged return, extra breaks and a change in seating.
The Court accepted that the employer set out to accommodate McCarthy’s requests. It found there was mutual mistrust and poor relations between her and her manager, but no facts linking the matters complained of to her disability. Harassment and victimisation complaints were not pursued at the hearing.