McIlveen on Employment- March 2025

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“Every accomplishment starts with the decision to try” – John F Kennedy

TRIBUNAL CASES AND EMPLOYMENT STORIES IN THE NEWS THIS MONTH.

⚖️Chairperson’s age discrimination and victimisation claim fails; tribunal found that retirement was only discussed when raised by the Claimant.

⚖️NI care worker removed from the register after being found to have stolen money from a vulnerable client’s home.

⚖️Tribunal finds that it was reasonably practicable for Claimant to have submited claim on time, and refuses to extend time for a breach of contract claim.

⚖️Solicitor error on time limits when using the early reconciliation process did not allow Tribunal to find that it was not reasonably practicable for the Claimant to submit claim on time.

⚖️Successful sex discrimination claim for Council Planner who worked in a female dominated department was not given same opportunities for advancement as his female colleagues.

⚖️Unpaid holiday and pay arrears awarded to agriculture salesperson following her resignation.

⚖️USPCA former CEO has launched tribunal proceedings against the charity.

INCREASES TO STATUTORY PAYMENT LIMITS FOR NI INDUSTRIAL AND FAIR EMPLOYMENT TRIBUNALS

To see the limits effective from 06.04.25 click HERE

CITIBANK SETTLES BELFAST WOMAN’S MATERNITY DISCRIMINATION CLAIM FOR £215K OVER ALLEGED EXCLUSION FROM PROMOTION WHILST ON MAT LEAVE

To read details of the no admission of liability settlement click HERE

Picture Credit: The Guardian

OFSTED INSPECTOR WAS UNFAIRLY DISMISSED FOR GROSS MISCONDUCT – LACK OF CONTRITION DID NOT ‘BUMP UP’ THE SERIOUSNESS

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

Picture Credit: Personnel Today

TRIBUNAL FINDS TRUST CHAIR WAS A WORKER AND ENTITLED TO WHISTLEBLOWING PROTECTION IN LANDMARK RULING

To read the details click HERE

EQUALITY & HUMAN RIGHTS COMMISSION WRITES TO EVERY MCDONALD’S TO REMIND THEM OF LEGAL OBLIGATIONS TO PROTECT STAFF FROM SEXUAL ABUSE

To read the news report click HERE
To read the letter click HERE

Picture Credit:E&HRC

PROPERTY CONSULTANT DISMISSED FOR MORNING SICKNESS WHEN PREGNANT AWARDED £93K, INCLUDING £20K INJURY TO FEELINGS

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

Picture Credit:Personnel Today

TRIBUNAL ERRED IN REDUCING COMPENSATION BASED ON THE CHANCE THAT COUNCIL EMPLOYEE MIGHT HAVE SOON LEFT EMPLOYMENT DUE TO MUTUAL AGREEMENT OR ILL HEALTH RETIREMENT

To read the decision click HERE

Picture Credit: BBC News

HIGH COURT FINDS THERE WAS NO POWER TO EXTEND TME TO CORRECT AN UNSIGNED APPEAL NOTICE BY DOCTOR

To read the full decision click HERE

Picture Credit: Fitness to Practise News

EX-BNP PARIBAS LAWYER ORDER TO PAY £31K AFTER REFERRING TO COLLEAGUES IN EMAILS AS ‘JABBA THE HUT’ AND “HU-SHE”

To read the news report click HERE
To read the agreed facts click HERE
Picture Credit: Fitness to Practise News

SDT DISMISSAL OF MONEY LAUNDERING REGS BREACH – QUASHED ON APPEAL

To read the news report click HERE
To read the decision click HERE

Picture Credit: Law Socity Gazette

DEBENHAMS OVERTURNS TEST CASE DECISION REGARDING COMPENSATION OWED TO EMPLOYEES CONCERNING REDUNDANCY CONSULTATION

To read the news report click HERE
To read the decision click HERE

Picture Credit: Irish Independent

GOVERNMENT TABLES AMENDMENTS TO EMPLOYMENT RIGHTS BILL

To read the press release click HERE

Picture Credit. Gov.uk

NEW DEAL PROPOSAL OF ‘RIGHT TO SWITCH OFF’ EXPECTEDTO BE AXED

To read the news article click HERE

Picture Credit: The Independent

⚖️London based security manager found to be unfairly dimissed for working from his parents’ house in Cornwall despite tribunal’s doubts that he did any work whilst there.

⚖️Tribunal makes a finding of contructive dismissal for an estate agent who resigned over being denied a seat at a “symbolically significant” office desk.

⚖️EAT shows that those who may be considered self-employed can bring discrimination claims if they satisfy limb (b) worker status.

⚖️Government publishes response to consultation on percentage rate for those earning below the current rate of SSP.

LEGAL ISLAND & PINSENT MASONS PRESENT A NORTHERN IRELAND DATA PROTECTION UPDATE 21st MAY 2025

To read the full details and book a place click HERE

Picture Credit: Legal Island.com

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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