The Northern Ireland Court of Appeal has held that an Industrial Tribunal failed to afford a fair hearing to a claimant with Asperger’s Syndrome, finding that it did not properly take account of his disability or the medical evidence before it.
In Galo (Patrick) v Bombardier Aerospace UK [2016] NICA 25, the court upheld an appeal by Mr Galo against the dismissal of his unfair dismissal claim in circumstances where the Tribunal proceeded in his absence and refused an application for an adjournment.
Mr Galo has Asperger’s Syndrome. He argued that the Tribunal had acted unlawfully by failing to make reasonable adjustments in light of his disability, unreasonably refusing to adjourn the hearing, and proceeding with the claim despite clear medical evidence that he was not fit to participate.
The Court of Appeal found that, once it was apparent that the case involved a person with a mental health disability, the Tribunal should have made enquiries as to the nature of that disability and considered whether reasonable adjustments to the process were required. No such enquiries were made. The Tribunal was also criticised for failing to seek clarification from medical professionals or to invite the attendance of doctors to explain the claimant’s condition.
Medical evidence before the Tribunal included a report from a clinical psychologist, which described Mr Galo as experiencing very high levels of distress in everyday situations and being highly avoidant as a result. The Court of Appeal rejected the Tribunal’s conclusion that there was insufficient medical evidence to justify an adjournment, holding that the material before it clearly indicated the need for procedural adjustments.
The court concluded that the Tribunal had been aware of the claimant’s distress and vulnerability but nevertheless proceeded in a manner that failed to safeguard his participation rights. In doing so, it denied him a fair procedural hearing.
Accordingly, the Court of Appeal held that the Tribunal’s approach fell short of the standards required where a party is under a disability, and that Mr Galo had not received a fair hearing.