McIlveen on Employment- February 2023

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“February is the border between Winter and Spring”
Terri Guillemets

RECENT NI DECISIONS

⚖️ Dog groomer has claim of unauthorised deduction of wages, race discriminaton and breach of contract dismissed.

ALSO IN THE NEWS

⚖️ Community organisations in NI have put 400 workers on notice of redundancy due to a lack of funds from the European Social Fund post Brexit.

COURT APPEAL REDUCES ICE-CREAM SHOP EMPLOYEE’S ‘EXCESSIVE’ INJURY TO FEELINGS AWARD

Geraghty v Forose

For the full judgment click here

Claimant awarded £71,860 in the IT for sex discrimination and sexual harassment has award reduced to £46,000 by the Court of Appeal after a finding that the award for injury to feeling and psychiatric damage was excessive.

EX PSNI OFFICER DENIED JUDICIAL REVIEW FOR FAILING TO EXHAUST REGULATORY APPEALS PROCESS

Stewart, Re Application for JR [2022] NIQB 63
For the full judgment click HERE

The Applicant was dismissed following an accidental discharge of his firearm which he failed to promptly report. He appealed the decision and the Police Appeals Tribunal referred the matter back to the misconduct proceedings for rehearing by a fresh panel. He was again dismissed and he again appealed asserting a breach of the regulations and procedural unfairness. The Respondent submitted that the case should not be before the Court of Appeal because of the alternative remedy of the Police Appeals Tribunal available to him. The court did not find that the Appellant’s case fell within an exceptional category that entitled him to have recourse to JR without first exhausting the appeals process. His application for JR was dismissed.

For the full story click HERE

DIRECT SEX DISCRIMINATION FOUND FOR FAILURE TO PROVIDE ADEQUATE TOILET FACILITIES

Earl Shilton Town Council v Miller [2023] EAT 5
For the full judgment click HERE

EAT upholds tribunal decision that a female employee offered the use of a toilet cubicle in the male toilets was subject to direct sex discrimination. Men had access to the toilets and she had to pass by the male urinals to use the facilities. The EAT concluded that the risk of a woman seeing a man at the urinals was not the same risk as a man seeing another man at the urinals. This, and the lack of sanitary facilities meant the claimant was treated less favorably than a man. The EAT found the facilties to be inadequate because she was a woman.

For the full story click HERE

EXTENDED PROTECTION AGAINST REDUNDANCY FOR PREGNANT WOMEN AND NEW MOTHERS

For the full story click HERE

⚖️Van Driver found to be unfairly dismissed due to a flawed process, following a physical altercation with a colleague, has award reduced by 88% following Polkey and contributory conduct reduction.

⚖️ EAT extends time for emailed appeal not received due to server issues.

⚖️Teacher awarded £68k in constructive dismissal claim and harassment claim relating to diversity failures

⚖️Government backs new GB bill aimed at reducing one sided flexibilty for workers on zero hours contracts

⚖️EAT upholds decision to strike out employee’s claim against Tesco on grounds that it was scandalous, frivolous or vexatious when the claimant failed to co-operate with the Respondent and the tribunal.

⚖️ Claimant awarded £60k for constructive dismissal and age discrimination after boss expressed desire not to have a team of bald headed team of 50 year old men.

⚖️ Ministry of Justice settles claim with £50k payment and no admission of liability to judge alleging bullying and negligence against the department.

⚖️Court of Appeal rules there is no duty on an employer to protect an employee from criminal conviction or indemnify against loss

⚖️EAT finds that the ET erred in finding that an employer’s curtailment of a redundancy dismissal process was a proportionate means of achieving a legitimate aim.

REGISTER NOW FOR FREE ELG NI SEMINAR ON REASONABLE ADJUSTMENTS AND CAPACITY

28th February 2023 – Reasonable Adjustments/Capacity Issues within an Employment Law context

Tuesday 28th February 2023 – 4:00pm-5:00pm
Hybrid event – in-person at Law Society House, Belfast, and remote via Microsoft Teams
TO REGISTER FOR YOUR FREE PLACE CLICK HERE

To book your place click HERE

For the full story 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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