McIlveen on Employment- November 2023

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If you have the words, there’s always a chance that you’ll find the way
Seamus Heaney

RECENT NI DECISIONS

⚖️Nurse’s claim of discrimination and constructive dismissal based on making protected disclosures is dismissed on all grounds.

ALSO IN THE NEWS

⚖️NI Employment tribunal states that following the Agnew decision all parties that are affected by this decision will be written to with “next steps” instruction.

⚖️NI Teachers warned that there will be no pay increases in the year ahead due to funding gap.

HIGH COURT DISQUALIFIES DIRECTOR FOR TWO YEARS FOR RETAINING MONIES OWED TO THE CROWN, FILING LATE RETURNS AND NOT FULLY COOPERATING WITH THE RECEIVER

To read the full judgment click HERE

DR WATT ERASURE DECIDED

To read the erasure decsion click HERE

To read the full decision click HERE
To read the BBC news summary click HERE

Picture Credit: Belfast Telegraph

EAT FINDS THAT TRIBUNAL SHOULD HAVE CONCLUDED CLAIMANT’S IMPAIRMENT CAUSED BY ANXIETY OVER REQUIREMENT TO ATTEND COURT AMOUNTED TO A DISABILITY

To read the full decision click HERE

PARTIES WERE NOT GIVEN OPPORTUNITY AT HEARING TO ADDRESS TRIBUNAL’S HYPOTHETICAL COMPARATORS. THE COMPARATORS WERE REFERRED TO FOR THE FIRST TIME IN THE JUDGMENT

For the full decision click HERE

£30K INJURY TO FEELINGS REMEDY FOR FIREARMS OFFICER’S SEX DISCRIMINATION, HARASSMENT AND VICTIMISATION CLAIM

For the remedy decision click HERE
For the news summary click HERE

Picture Credit: BBC

PIZZA RESTAURANT EMPLOYEES FOUND TO HAVE BEEN WRONGFULLY DISMISSED AND SEXUALLY HARRASSED AFTER SPEAKING UP ABOUT SEXUAL HARRASSMENT

For the news story click HERE

Picture Credit: BBC

CFO WINS SEX AND AGE DISCRIMINATION CLAIM AFTER EMPLOYER LABELLED HER “MENOPAUSAL” FOR RAISING CONCERNS

For the full decision click HERE

MASSAGE PARLOUR WHISTLEBLOWER SECURES RECORD AWARD FOR RAISING ISSUE OF BEING ASKED TO EXPAND HER RANGE OF SERVICES

For the full details click HERE

Picture Credit: RTE

FIRST DEAF BARRISTER MAKES IRISH LEGAL HISTORY

Sofiya Kalinova is the first deaf person to qualify as a barrister in Ireland, and the first to practice law in Irish Sign Language. For the full story click HERE.

Click HERE to read Sofiya’s successful discrimination claim against Griffith College, when she was asked to fund her own interpreter for the course designed to prepare students for the King’s Inn entrance exam.

Picture Credit: rsvplive.ie

CONSULTATION OUTCOME OF RETAINED EU EMPLOYMENT LAW REFORMS

For full details click HERE

WORKER PROTECTION (AMENDMENT OF EQUALITY ACT 2010)
EMPLOYERS CAN NOW BE LIABLE FOR SEXUAL HARASSMENT OF EMPLOYEES BY THIRD PARTIES IN GB

For full details click HERE

GOVERNMENT ANNOUNCES BACK TO WORK PLAN ALONGSIDE WELFARE REFORMS

For full details click HERE

⚖️Supreme Court rules that Deliveroo riders are not in an “employment relationship” for the purposes of European Human Rights Law.

⚖️Tesco equal pay test cases move forward to final hearing.

⚖️Tribunal erred in striking out Claim without assessing whether a fair trial remained possible, or being aware that Claimant had repeatedly sought to extend time.

⚖️EAT remits case for re-hearing afer finding that tribunal erred in its analysis of whether an employee’s heat of the moment “resignation” was really intended.

⚖️ACAS launches consultation on code of practice for handling requests for a predictable working pattern.

⚖️Network Rail employee’s compensatory award reduced to zero in unfair dismissal claim as tribunal found he failed to research cocaine laced tea he was consuming which resulted in a failed drugs test.

⚖️Higher National Minimum Wage for 2024 confirmed.

⚖️ACAS launches a consultation on Code of Practice on handling requests for a predictable working pattern.

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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