McIlveen on Employment- January 2024









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“What the new year brings to you will depend a great deal
on what you bring to the new year.”

Vern McClellan

RECENT NI DECISIONS 

⚖️Sweet maker employee loses unfair dismissal and race discrimination claim following refusal to  enter the factory for work on alleged health and safety grounds.

⚖️Judgement by consent regarding employees made redundant from nursing home.

ALSO IN THE NEWS 

⚖️County Antrim tree-surgeon charged with manslaughter of employee who was fatally electrocuted at work.

IRWIN’S BAKERY EMPLOYEE REACHES £75K NO LIABILITY SETTLEMENT IN AGE DISCRIMINATION CLAIM

To read the full story click HERE

Picture Credit: BBC NI

To read the full story click HERE

Picture Credit: The Irish News

£820K FINAL SETTLEMENT OF SEX DISCRIMINATION HARASSMENT AND VICTIMIZATION CLAIM 

To read the news report click HERE

GENDER CRITICAL SOCIAL WORKER’S VIEWS FOUND TO BE PROTECTED BELIEFS UNDER THE EQUALITY ACT

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

Picture Credit: BBC News

OPEN UNIVERSITY PROFESSOR WINS GENDER-CRITICAL BELIEF CASE

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

Picture Credit: The Guardian

BANK EMPLOYEE SUCCEEDS IN UNFAIR DISMISSAL CLAIM AFTER USING THE “N WORD” IN A TRAINING SESSION

To read the summary click HERE
To read the decision click HERE

TRIBUNAL ERR IN FINDING THAT A DISMISSAL OVER A FICTITIOUS  RACIAL HARASSMENT CLAIM COULD NOT IN ITSELF BE VICTIMISATION

To read the decision click HERE

COURT OF APPEAL SERVES REMINDER THAT FREEDOM OF EXPRESSION IS A QUALIFIED RIGHT AS IT UPHOLDS SUSPENSION OF COVID CONSPIRACY DOCTOR

To read the decision click HERE
To read the case summary click HERE

NI MALE NURSE AVOIDS BEING STRUCK OFF AFTER SENDING EXPLICIT PICTURES TO A COLLEAGUE

To read the full decision click HERE

ROI EMPLOYMENT LAW CHANGES FOR 2024

To read the review click HERE

Picture Credit: HR Locker

LEGAL ISLAND & O’REILLY STEWART “EMPLOYMENT LAW AT 11” WEBINARS BACK ON FOR 2024

To register for the webinar and view the new programme click HERE

⚖️Tribunal not required to give reasons to for discounting certain dates of knowledge in whistleblowing claim.

⚖️EAT finds tribunal was entitled not to extend time on Barrister’s discrimination claim concerning belief discrimination because he believed that the law on the matter was “settled.

⚖️Teacher granted an extension of time when delay was caused entirely by the filing fault of the solicitor.

⚖️EAT warns against double counting when making a Chagger deduction and considering contributory conduct deduction.

⚖️Tribunal did not act perversely in refusing an extension of time when Respondent did not reveal the Claimant’s race in discrimination claim.

⚖️Irwin Mitchell’s predictions on the top five employment cases that will shape 2024

⚖️Trbunal was right to conclude that it did not have jurisdiction to hear a protected disclosure claim brought by an external job applicant as they did not fall within the definition of worker.

⚖️Stammerer was not discriminated against by being required to undertake an oral interview.

⚖️NHS Trust panel member appointed to review Mental Health detainee cases found to be a ‘worker’ due to the contractual relationship with the Trust.

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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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.

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