McIlveen on Employment- April 2023

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“What has led us here has not been perfect. What surrounds us now is not guaranteed. And what will lead us on is the ability to recognise the faults of the past and the dreams of the future.” – George Mitchell, speaking at QUB 17/04/23

RECENT NI DECISIONS

⚖️ Job Club support worker’s claim for sex and disability discrimination held to be not well founded and also out of time.

⚖️Disabled Lidl employee’s claims of unfair dismissal and disability discrimination are dismissed by NI Tribunal.

⚖️C laim of sex discrimination by football physio fails for want of jurisdiction given his status as self-employed contractor.

⚖️Spa therapist fails in claim of pregnancy discrimination and constructive dismissal.

ALSO IN THE NEWS

⚖️ Equality NI releases view from the Chief Commissioner, Geraldine McGahey on why Fair Employment still matters 30 years on.

⚖️ 32nd Fair Employment Monitoring Report Published

⚖️ The Open University in NI has opened applications for 400 short course places, fully funded by the Department for the Economy’s “Skill Up” initiative.

NORTHERN IRELAND DISABILITY DISCRIMINATION SETTLEMENT

For the full story click HERE

Picture credit: Equality NI

ULSTER TEACHERS’ UNION CALLS FOR REFORM AFTER NI TEACHER WAS FORCED TO EXPRESS MILK IN THE CAR PARK AFTER RETURNING TO WORK

For the full story click HERE

DELOITTE BELFAST SUPPORTS RAMANDAN IN CONJUNCTION WITH MUSLIM NETWORK

For links to the Muslim Network click HERE
For links to Deloitte “preach, don’t teach” click HERE

SUPREME COURT RULES THAT RELIGIOUS ORGANISATION IS NOT VICARIOUSLY LIABLE FOR RAPE COMMITTED BY ONE OF ITS ELDERS

Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2023] UKSC 15
For the full judgment click HERE

The Supreme Court has held that a Jehovah’s Witness organisation was not vicariously liable for the rape of a member of its congregation committed by an elder, at his home, after they had been evangelising together. Although the relationship was akin to employment, the wrongful conduct was not so closely connected with acts that the elder was authorised to do that it could fairly and properly be regarded as committed while acting in the course of his quasi-employment.

For the full story click HERE

Picture credit: BBC.com

£19K AWARD FOR UNFAIR DISMISSAL AND PREGNANCY DISCRIMINATION FOR PARALEGL

Yasin v Swift Lawyers Ltd
For the full judgment click HERE

The tribunal found that the primary reason for the claimant’s dismissal was redundancy, however it found that her pregnancy was a factor in the way that the redundancy was handled. The ET found that the firm did not engage in a genuine and meaningful consultation but merely completed a box-ticking exercise to rubber-stamp a pre-made decision. It also found that alternative employment had not been properly explored. Injury to feelings comprised £15k of the total award.

MALE CHEF SUCCEEDS IN CLAIMING FEMALE COLLEAGUES SEXUALLY DISCRIMINATED AGAINST HIM, AFTER TAKING ISSUE WITH HIS BAKING

Harding v Bright Horizons Family Solutions Limited 3315294/2020
For the full judgment click HERE

A male nursery chef has been awarded £33.6k in a sex discrimination claim after the ET found that he had not behaved in a way that justified the respondent terminating his contract without notice. The claimant alleged that he was subject to an excessive performance review afer a group of female colleagues colluded against him. The Claimant had particularly excluded members of the group that he didn’t like when he baked biscuits for staff creating ill feeling within the group. Members of the female team also believed that the Claimant had placed calls to the company’s whistleblowing hotline raising concerns about them.

SOCIAL WORKER WINS RACE DISCRIMINATION CLAIM AGAINST LEICESTER CITY COUNCIL

Parmar v Leicester City Council 2601134/2021
For the full judgment click HERE
For the BBC News story click HERE

The Claimant was a British national of Indian origin and made her complaint of race discrimination based on being subject to spurious misconduct investigations. The tribunal found that race played a part that there was “nothing of substance” in the investigations and that there was no “other credible explanation” for the cases made against her. In comparison, the tribunal concluded that when it came to assessing the merits of behaviour allegations against white employees the respondent was slow to take action.

The issue of remedy was adjourned. The Council has stated that it will appeal the decision.

JOB SEEKER WAS VICTIM OF RACIAL DISCRIMINATION WHEN RECRUITMENT AGENCY REFUSED TO ACCEPT BIRTH CERTIFICATE AND RIGHT TO WORK

For the full decision click HERE

SOLICITOR BANNED FROM WORKING IN THE LEGAL PROFESSION FOR USE OF A TRAVEL CARD THAT DIDN’T BELONG TO HIM

To read the SRA decision click HERE

HIGH COURT CONFIRMS MEANING OF “RACIALLY MOTIVATED” IN THE CONTEXT OF SOCIAL MEDIA AND PROFESSIONAL DISCIPLINE

Simpson v Health and Care Professions Council [2023] EWHC 481
For the full judgment click HERE

The case concerned the Appeal of a psychologist against his suspension as a result of making “racially motivated” social media posts. The registrant’s appeal included submissions that the comments were made in a closed group that he believed to be private, that he was not a racist person, and that his motivation was of humour not racism. At paragraph 24 iii) Fordham J stated there were two elements to “racially motivated” “(i) that the act in question had a purpose behind it which at least in significant part was referable to race; and (ii) that that the act was done in a way showing hostility or a discriminatory attitude to the relevant racial group” He stated at para 24 (iv) “hostility can thrive in attempted ‘humour,’ as it can in ‘ridicule.'”

£30k FINE FOR SOLICITOR FOR SEXUAL HARASSMENT SENDS A “CLEAR MESSAGE” SAYS THE SDT

To read a summary click HERE

picture credit: legalfutures.co.uk

⚖️Dismissal following homophobic remarks found to be unfair due to flaws in the investigation.

⚖️Claimant solicitor ordered to pay costs after unreasonably persuing employment claim.

⚖️Bupa Dental care to cut 85 practices amid UK dentist shortage , affecting 1200 staff.

⚖️EAT decides employment judge went on a ‘frolic of his own’ by re-deciding the case on a new basis for which no-one had argued.

⚖️EAT holds that an EAT Lay Member should have been recused because of an appearance of bias after applying the fair-minded and informed observer test.

⚖️Age no barrier as man becomes a firefighter at aged 56.

⚖️ High Court dismisses consultant surgeon’s appeal of GMC suspension for releasing social media videos claiming the Covid-19 pandemic was a hoax.

⚖️Head of family law found to be constructively dismissed after non payment of her “non-contractual bonus” was held to have a contractual effect.

⚖️Supreme Court due to hear the Deliveroo workers union recognition case on 25th and 26th of April.

⚖️Tribunal correctly disapplied provision excluding domestic worker from national minimum wage as indirect discrimination against women and breach of right to equal pay.

⚖️Engineer claimant loses unfair dismissal claim on grounds of conduct that included drinking beer in a Zoom meeting, and is ordered to pay Respondent costs.

⚖️EA T finds that the IT erred in extending time where the late claim was caused by the solicitor miscalculating the time limit, posting the form to the wrong address and then not utlising the medium of online submission.

To read the RTE news report click HERE

picture credit: RTE

DEUTSCHE BANK BOOSTS PATERNITY LEAVE FOR UK STAFF FROM 4 TO 16 WEEKS

For the full story click HERE

NEW NATIONAL MINIMUM WAGE RATES FOR 2023

To read the Low Pay Commission Report click HERE

LATEST SICK LEAVE STATISTICS PUBLISHED BY ONS

To read a summary of the findings click HERE

picture credit: personneltoday.com

SHORT FILM RELEASED ON AUTISM AWARENESS

TO VIEW THE 3 MINUTE 40 SECOND FILM CLICK HERE

REVIEW OF EMPLOYMENT PROSPECTS FOR AUTISTIC PEOPLE

For full details click HERE

UPDATED GUIDANCE FROM ACAS ON REASONABLE ADJUSTMENT FOR MENTAL HEALTH

To access the updated guidance click HERE

GOVERNMENT PUBLISHES NEW GUIDANCE ON ETHNICITY PAY REPORTING

To read the new Guidance click HERE

m. 07752 370149
e. emma.mcilveen@barlibrary.com
Bar of NI Profile
The Bar Library, 91 Chichester Street, Belfast, BT1 3JQ, Northern Ireland

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Disclaimer

This bulletin is published by Emma McIlveen, Barrister at Law. Please note that the information and any commentary on the law contained in this bulletin is provided free of charge for information purposes only. Every reasonable effort is made to make the information and commentary accurate and up to date, but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by the author or the publisher.

The information and commentary does not, and is not intended to, amount to legal advice to any person on a specific case or matter. If you are not a solicitor, you are strongly advised to obtain specific, personal advice from a lawyer about your case or matter and not to rely on the information or comments on this site. If you are a solicitor, you should seek advice from Counsel on a formal basis.

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