McIlveen on Employment- August 2024









*|MC:SUBJECT|*






 “There is only one way to avoid criticism: Do nothing, say nothing, and be nothing”
Elbert Hubbard

 

CUSTOMER WHO WAS TOLD “WE DON’T SERVE PROTESTANTS” SETTLES DISCRIMINATION CLAIM AGAINST BITTLES BAR WITH ASSISTANCE FROM NIHRC

To read the details click HERE

Picture Credit: Belfast Telegraph

LEGAL ACTION LAUNCHED AGAINST DEPARTMENT OF EDUCATION FOR DATA BREACH INVOLVING A SPREADSHEET CONTAINING DETAILS OF 400 EMPLOYEES

To read the details click HERE

Picture Credit: Irish News

KEEP UP TO DATE ON PLANNED EMPLOYMENT LAW CHANGES BY NI DEPARTMENT FOR THE ECONOMY

To access click HERE

Picture Credit. Lewis Silkin.com

DEPARTMENT OF HEALTH APPOINTS NORTHERN IRELAND’S FIRST INDEPENDENT AUTISM REVIEWER

To read about the appointment click HERE

Picture Credit. BBC News

EAT UPHOLDS TRIBUNAL DECISION TO DISMISS DISABILITY DISCRIMINATION CLAIM AND FINDS THERE WAS NO USEFUL PURPOSE TO EXPUNGE AN EXPIRED WARNING AS A REASONABLE ADJUSTMENT

To read the decision click HERE

Picture Credit: Royal Mail.com

EAT FINDS TRIBUNAL ERRED BY FAILING TO CONSIDER IF IT WAS A REASONABLE ADJUSTMENT TO DELAY DISMISSAL OF A DISABLED EMPLOYEE UNTIL MERGER WAS COMPLETE AND OTHER ROLES BECAME AVAILABLE

To read the decision click HERE

Picture Credit: Royal Mail.com

THREE WHITE POLICE OFFICERS SUCCEED IN DIRECT DISCRIMINATION CLAIM FOLLOWING APPOINTMENT OF AN ASIAN COLLEAGUE WITHOUT A COMPETITIVE PROCESS

To read the news story click HERE
To read the full decision click HERE

Picture Credit: BBC News

BRITISH ARMY SETTLES RACISM AND SEXISM CLAIM AND OFFERS FULL APOLOGY ACCEPTING THAT IT DID NOT RESPOND PROPERLY TO SOLDIER’S EXPERIENCE OF HARASSMENT

To read the news story click HERE

Picture Credit: BBC News

WAITRESS SUCCEEDS IN SEXUAL HARASSMENT CLAIM AGAINST BOSS WHO SINGLED HER OUT WITH UNWANTED CONDUCT INCLUDING REPEATEDLY WINKING AT HER

To read the full decision click HERE

Picture Credit: The Times

RECRUITMENT CONSULTANT’S CASE OF SEX DISCRIMINATION AND HARASSMENT FAILS AFTER TRIBUNAL FOUND SHE HAD A “HIGH TOLERANCE OF MATTERS OF A SEXUAL NATURE”

To read the full decision click HERE

Picture Credit: The Times

UPDATED VERSION OF THE EQUAL TREATMENT BENCH BOOK NOW AVAILABLE

To download the 2024 edition click HERE

TWITTER ORDERED TO PAY SENIOR EXEC  €550,000 IN UNFAIR DISMISSAL  CLAIM: FAILURE TO TICK A BOX AGREEING NEW Ts & Cs WITHIN A ONE-DAY DEADLINE DID NOT CONSTITUTE  A RESIGNATION

To read about the case click HERE

Picture Credit: The Irish Times

TIK TOK WORKER’S CLAIM TO WORK EXCLUSIVELY FROM HOME IS DISMISSED BY THE WRC

To read the WRC decision click HERE

Picture Credit: RTE news

HIGH COURT DECISION ON ‘NO FAULT’ TERMINATION

To read about the case click HERE
To read the full decision click HERE

Picture Credit: The Irish Times

UPDATED INFORMATION HANDBOOK FOR EMPLOYEES FACING COLLECTIVE REDUNDANCY

To download the handbook click HERE

PINSENT MASON TRIALS COMPRESSED WORKING WEEK WITH FRIDAY AFTERNOONS OFF

To read details of the trial click HERE

Picture Credit: Legal Cheek

EMPLOYMENT TRIBUNALS MAY CONSIDER REPEATED BREACHES OF WORKERS’ RIGHT TO SWITCH OFF AS AN AGGRAVATING FACTOR WHEN CALCULATING COMPENSATION

To read the details click HERE

Picture Credit. The Times

GOVERNMENT ANNOUNCES INTENTION TO REPEAL STRIKES ACT 2023 STATING “ATTEMPTING TO CLAMP DOWN ON THE FUNDAMENTAL FREEDOM OF WORKING PEOPLE HAS GOT US NOWHERE”

To read the details click HERE

Picture Credit. Gov.uk

JOIN LEWIS SLIKIN FOR AN INTERACTIVE SESSION ON THE ‘GOOD JOBS’ EMPLOYMENT BILL – 10th SEPTEMBER 2024

To read the details and book a place click HERE

⚖️Tribunal finds that Claimants were dismissed for making protected disclosures, not for making blameworthy social media posts; compensatory award did not need to reduced for contributory conduct.

⚖️Council worker succeeds in constructive dismissal claim after being subject to bullying banter by an older colleague.

⚖️EAT remits case back to IT after finding that the employee’s failure to exhaust the employer’s grievance process was not relevant to the constructive dismissal claim.

⚖️EAT finds that tribunal erred in assessing an unlawful deductions claim as out of time as time runs from the date of deduction and not the termination date.

⚖️Decision of tribunal to dispense with the requirement for  claimant bringing an indirect discrimination claim to have the same protected characteristic as the disadvantaged group upheld by EAT.

⚖️EAT allows appeal to amend whistleblowing detriment claim to include an individual co-worker in addition to original claim of vicarious liability.

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

Tweet Tweet

Forward Forward

Copyright © 2020, Emma McIlveen, Barrister at Law, All rights reserved.

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.

Twitter

Website

Email

LinkedIn


This email was sent to *|EMAIL|*

why did I get this?    unsubscribe from this list    update subscription preferences

*|LIST:ADDRESSLINE|*