McIlveen on Employment-May 2024

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“Hard work beats talent when talent doesn’t work hard”
Tim Notke

⚖️Age discrimination claim arising from an employment application failed when the tribunal found the Respondent was not aware of the candidates’ ages and the final shortlist comprised a wide age range.

⚖️Quarry workers succeed in constructive dismissal claims following a “lay-off” period not provided for in their contracts.

ALSO IN THE NEWS

⚖️NI Council admits responsibility concerning bin lorry death.

⚖️NI Care worker given professional warning after forging signatures to falsify time sheets

⚖️Survey finds that top NI chefs are the best-paid people in NI Hospitality.

⚖️Insurers warn about fake or manipulated images being used in claims

⚖️Co. Down man to stand trial for stealing £80k from his employer by way of theft and forgery to stand trial.

NI EQUALITY COMMISSION SECURES £24K SETTLEMENT FOR SIX IRISH TRAVELLERS REFUSED SERVICE IN CO. TYRONE INN

To read the details click HERE

Picture Credit: Belfast Telegraph

SPRING 2024 EDITION OF “THE WRIT” INCLUDES ARTICLE ON DIFFICULTIES FOR LITIGANTS WITH DISABILITIES WITHIN THE COURTS AND TRIBUNALS

To download a copy click HERE

MEET USEL – THE ORGANISATION SUPPORTING THOSE WITH DISABILITIES AND HEALTH CONDITIONS TO ACHIEVE PRODUCTIVE CAREERS IN EMPLOYMENT

To read about the work of USEL click HERE

COURT REQUESTS POSITION PAPER ON CLAIM OF UNLAWFUL DISCRIMINATION CONCERNING LACK OF PUBLICLY FUNDED IVF FOR SAME SEX COUPLES IN NI

To read the decision click HERE

NI EQUALITY COMMISSION HELPS SECURE £160K SETTLEMENT FOR TELECOMS SALES ADVISER AFTER EMPLOYER FAILED TO FULLY IMPLEMENT OHW ADJUSTMENT RECOMMENDATIONS

To read the Equality Commission report click HERE

Picture Credit: BBC news

NI EQUALITY COMMISSION ACHIEVES SETTLEMENT FOR AUTISTIC CHIP SHOP WORKER NOT INFORMED OF HIS DISMISSAL

To read the Equality Commission report click HERE
Picture Credit: BBC News NI

EAT FINDS THAT CARE HOME ASSISTANT’S CONDUCT ARISING FROM A DISABILITY DURING INVESTIGATION THAT CONTRIBUTED TO THE RESPONDENT’S DECISION WAS DISCRIMINATORY

To read the full decision click HERE

FEMALE BBC PRESENTERS EXCLUDED FROM MAKING EQUAL PAY CLAIM AS PART OF THEIR SEX AND AGE DISCRIMINATION CLAIM

To read the news story click HERE

Picture Credit: The Guardian

BARRISTER WHO FELL ASLEEP FOR TWO HOURS DURING AN ONLINE INQUEST CLEARED OF MISCONDUCT

To read the news story click HERE

Picture credit: The Guardian

NI DOCTOR WHO FAKED PRESCRIPTION SUSPENDED FOR A FURTHER SIX MONTHS

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

Picture credit: Belfast Telegraph

DISMISSAL OF NURSE’S APPEAL TO THE HIGH COURT ON FINDINGS OF NMWC SERVES AS A USEFUL REMINDER OF GENERAL PRINCIPLES AND HIGHLIGHTS THE DIFFICULTY OF OVERTURNING A WELL-REASONED DECISION

To read the judgment click HERE

Picture credit: NMWC.org.uk

COUNCIL’ S UNIQUE WORK EXPERIENCE PROGRAMME SECURES OVER 60 WORK PLACEMENTS FOR SEN CHILDREN

To read the full story click HERE

Picture credit: Belfast Live

JOHN LEWIS AND WAITROSE NOW ISSUE INTERVIEW QUESTIONS IN ADVANCE TO MAKE THE PROCESS FAIRER

To read the full story click HERE
To read the questions click HERE

Picture credit: People management.co.uk

CLYDE & Co HOSTS FIRST OF ITS KIND NETWORKING EVENT FOR FEMALE BARRISTERS

To read about the event click HERE

Picture credit: Irish Legal News

SETTLEMENT CLAIM FOR DEAF WOMAN DENIED ACCESS TO PUBLIC SERVICE

To read the story click HERE

LEWIS SILKIN PUBLISHES USEFUL INTERACTIVE GUIDE TO EMPLOYMENT STATUS

To download the interactive guide click HERE

LEWIS SILKIN QUICK GUIDE TO THE LIMITS OF CONFIDENTIALITY AGREEMENTS

To read the guidance click HERE

Picture credit: LewisSilken.com

For full details and to book a place click HERE

⚖️EAT Upholds IT’s decision to strike out age discrimination claim as reopening issue already determined in group litigation would be an abuse of process.

⚖️Volunteer Coastal Rescue Officer is classed as a ‘worker’ during periods of undertaking an activity where he could claim payment, regardless of whether that payment was automatic or whether such payment was claimed by other volunteers.

⚖️Women stage protest at the High Court led by the group “Pregnant Then Screwed” over the high number of NDAs presented to women concerning discrimination and harassment claims.

⚖️EAT finds that the only way an employee will not be liable for discriminatory conduct is where they have been told by the employer that the act is lawful and they reasonably believed this to be true.

⚖️Bar Council reports female barristers have the biggest pay gap two years after qualifying.

⚖️Law Society considers legal aid for solicitors brought before the SDT, as the number of cases falls but degree of complexity rises.

⚖️EAT finds that tribunal erred in failing to determine a claim of discriminatory constructive dismissal. which was part of the pleaded case but omitted from the list of agreed issues.

⚖️Magic Circle law firms in London raise starting salaries to £180k in competition for new talent.

⚖️Government publishes consultation on reforming TUPE and abolishing European Works Councils to seek views on proposals.

⚖️MPs’ call for a ban on NDAs in sexual harassment cases rejected by the Government.

⚖️EAT finds that tribunal undertook incorrect analysis when considering agency liability under the Equality Act.

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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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.

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