Michal Wojcik and Sodexo Ireland Ltd.

The complainant suffered from a rare condition known as Cataplexy rendering him liable to lose control of his body in situations of heightened emotion, stress or tiredness. He worked as one of three security guards at the Cappagh Hospital site. His medical advisors suggested that he either be placed on all day shifts or all night shifts. The respondent made two separate proposals to the complainant that would have allowed him to work days only or nights only, both resulting in a 33% reduction in his total working hours. This reduction of his working hours was less favourable treatment according to the complainant.

The Court accepted that the respondent was unwilling to amend the existing