McIlveen on Employment- March 2023









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Our work should equip the next generation of women to outdo us in every field this is the legacy we’ll leave behind

Rupi Kaur
 

RECENT NI TRIBUNAL DECISIONS 

⚖️Hospitality worker’s claim of  unfair dismissal, race discrimination and victimisation fails.

⚖️ Disability discrimination claim fails when Claimant ‘s mental health problems were found not to be evidenced as a disability.

ALSO IN THE NEWS

⚖️ JR Applicant succeeds in claiming that the EA did not  amend her Statement of Educational needs in line with the decision of the Special Educational Needs and Disability Tribunal.

⚖️ Disabled children in NI found to have had their human rights breached by being denied transport to school by the Education Authority.

⚖️Employment rises in NI as it outperforms other UK Regions.

⚖️Department for Communities launches a public consultation on proposed amendments to delegate decisions of the Charity Commission for NI

2023 INCREASE IN EMPLOYMENT COMPENSATION LIMITS IN N. IRELAND

For the legislation click HERE
For a summary click
HERE

NEW NI EMPLOYMENT TRIBUNAL PRESIDENTIAL GUIDANCE ISSED

For the new guidance click HERE

NI WOMAN WINS SEXUAL HARRASSMENT & CONSTRUCTIVE DISMISSAL CLAIM

For the full story click HERE
For the full judgment click HERE

picture credit: BBC News

HIGH COURT QUASHES  TRIBUNAL DECISION TO GRANT  MICHAEL WATT’S VOLUNTARY REMOVAL FROM THE MEDICAL REGISTER

For the full story click HERE

picture credit: BBC News

For the full story click HERE
For the judgment click HERE

picture credit: The Times

For the news report click HERE
For the full judgment click HERE

picture credit: BBC News

BLACK NURSE LEFT OUT OF PAY REVIEW AND TEAM ‘AWAYDAYS’ WINS RACE DISCRIMINATION AND WHISTLEBLOWING CLAIM

For the full story click HERE
For the judgment click HERE

picture credit: The Nursing Times

For the full story click HERE

picture credit:peoplemanagement.co.uk

For the news report click HERE
For the judgment click HERE

For the full details click HERE

MCILHENNEY’S CALL TO BUSINESSES TO SUPPORT THE #SEEME CAMPAIGN IN HONOUR OF WORLD DOWN SYNDROME DAY

For the full details click HERE

For the decision click HERE

picture credit: Belfast Telegraph

A Doctor at Craigavon Area Hospital has admitted to attending work whilst drunk on 04/09/19. Nine years prior he had referred himself to the GMC after a car crash that led to a drunk driving conviction. He avoided being suspended but was required to work under imposed conditions. At a review hearing last week, the MPTS panel imposed five work conditions, found that his fitness to practice remained impaired, and suspended his registration for 12 months. It was acknowledged that he had made frank admissions and demonstrated insight but working under the influence of alcohol was an act of serious misconduct.
For the decision click HERE
picture credit: Belfast Telegraph

⚖️EAT finds that Respondent Employer’s ‘without prejudice’ letter purporting to be a mutually agreed termination amounted to an effective termination letter resulting in the Claimant’s subsequent unfair dismissal being out of time.

⚖️ EAT finds that ET erred in law in making an unless order that led to a strike out of claimant’s entire claim for failure to comply with the terms of the order.

⚖️Ex Royal Marine awarded £700k compensation in the High Court after suffering hearing loss and tinnitus caused by faulty equipment worn during MOD exercises.

⚖️Teacher wins unfair dismissal case following dismissal for restraining an unruly pupil.

⚖️Council Employee awarded £91k in unfair dismissal claim following dismissal after a serious accident and further long-term illness.

⚖️ EAT refuses claim, out of time by 675 days, after finding that claimant’s mental health condition did not explain the entirety of the delay.

⚖️EAT rules that tribunal was entitled to find that employee’s aggressive conduct did not arise from his disabilities.

⚖️Tribunal declared wrong to find that judges were part-time workers when ‘sitting in’ higher courts.

⚖️DWP appoints England’s first ever menopause champion.

⚖️Government backs bill to extend pension saving to young and low earners.

⚖️HMRC publishes updated guidance on off-payroll working for intermediaries, contractors and clients

⚖️One million people petition FIFA demanding compensation for migrant workers subjected to human rights abuses whilst working on the World Cup in Qatar

⚖️Update to Vento guidelines for 2023 published.

⚖️EAT reviews authorities on unless orders and summarises principles

⚖️Teacher who was promised ‘misleading’ 10% pay rise succeeds in unfair dismissal and breach of contract claim

⚖️Just Eat to stop employing its own couriers and is set to use contractors instead.

EMPLOYMENT LAWYERS GROUP EVENTS FOR MARCH AND APRIL

To book your free place click HERE

To book your free place click HERE

WEBINAR SCHEDULED FOR  WEDNESDAY 26TH APRIL 2023

To book your place click HERE

LEGAL ISLAND EVENTS

To book your place click HERE

To book your place 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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Copyright © 2020, Emma McIlveen, Barrister at Law, All rights reserved.

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