Tribunal dismisses unfair dismissal and disability discrimination claims against Department of Finance
An industrial tribunal in Belfast has dismissed claims of unfair dismissal and disability discrimination brought by Patrick McCoy against the Department of Finance. The tribunal, chaired by Employment Judge Ó Murray, ruled on 19 August 2026 that all claims failed.
Mr McCoy, who has Asperger's Syndrome, was employed as an ICT Level 1 Apprentice from 6 March 2017 until he resigned on 1 December 2023. He claimed he was constructively dismissed and subjected to direct discrimination and a failure to make reasonable adjustments under the Disability Discrimination Act 1995.
The tribunal heard evidence over seven days in March 2026. Mr McCoy was represented by his partner, Ms Buchanan, while the Department was represented by Mr J Kennedy BL.
The tribunal found that reasonable adjustments, including a designated desk and the ability to take breaks when overwhelmed, were in place from the start of Mr McCoy's employment. It concluded that managers acted reasonably in discussing the frequency and length of his breaks, driven by welfare concerns rather than performance issues.
The tribunal rejected claims that Mr McCoy was inappropriately monitored, that his designated desk was threatened, or that there was a failure to provide noise-cancelling headphones in a timely manner. It also found that a suggestion to refer him to Occupational Health in 2023 was reasonable given the time elapsed since his last assessment.
Regarding alternative roles, the tribunal found that the Department made extensive and reasonable efforts to place Mr McCoy in a suitable position after he went on long-term sick leave in October 2017. The barrier to returning to IT Assist was his lack of trust, which the tribunal deemed an unreasonable interpretation of events.
The tribunal concluded that the duty to make reasonable adjustments either did not arise or was complied with. It further found that Mr McCoy's resignation was not in response to a repudiatory breach of contract or a last straw act by the Department.
All claims were dismissed.