McIlveen on Employment- October 2023

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“I had one idea that never changed in my mind – that you should use your wealth to help people.”
Chuck Feeney

[Chuck Feeney was an Irish-American entrepreneur and philanthropist. His foundation gave £6.5bn to charitable causes over four decades, £465m to those in Northern Ireland. He died aged 92 on 09/10/23]

RECENT NI DECISIONS

⚖️Tribunal sets aside prior decision on rejection of claim, and allows it to proceed by finding it was not reasonably practicable for the claimant to present the claim on time.

⚖️Junior doctor who made serious mistakes on children’s ward did not get “adequate direction” an NI fitness to practice panel finds.

ALSO IN THE NEWS

⚖️New Interim Chief Constable for the PSNI identified.

⚖️Belfast Health Trust is in discussion with the PSNI regarding the investigation of the on-line release of a sex tape alleged to have been filmed by staff on Trust premises.

⚖️Officers declared to have been unlawfully suspended by the PSNI launch fresh legal action.

⚖️Report published by the Mental Health Foundation on the Fundamental Facts of Mental Health in Northern Ireland includes the impact of employment and unemployment on mental health.

⚖️NI vets’ body defends having controversial chief vet as the guest of honour following his involvement in the case of whistleblower Dr Tamara Bronckaers which settled in 2022.

COURT OF APPEAL DISMISSES CASE FOR WANT OF JURISDICTION

For the full judgment click HERE

Picture Credit: Personnel Today

SUPREME COURT DECISION ON HOLIDAY PAY CLAIM – PSNI V AGNEW

Chief Constable of the PSNI v AGNEW & Ors [2023] UKSC 33
To read the full judgment click HERE
For the press summary click HERE

The much awaited decision in the holiday pay case finally arrived this month. The decision confirms that when a series of underpayments of holiday pay is linked, this will be determined on the facts of the case, and it is no longer relevant whether there has been a three-month gap between the underpayments. The final costs to the PSNI are not yet confirmed.

For an analysis by Lewis Silkin on what this means for employers in general click HERE
To listen to a podcast on the decision click HERE

TRIBUNAL AWARDS £64K TO SOMALIAN BIOCHEMIST AFTER FINDING SHE WAS “MARGINALISED AND EXCLUDED” BY HER HEALTH TRUST COLLEAGUES FOR TWO YEARS

To read the original decision click HERE
To read the remedy decision click HERE

Picture Credit: The Times

EAT FINDS THAT TRIBUNAL ERRED IN REGARDING A COLLEAGUE WHO MADE A COMMENT ABOUT HER OWN RACE A COMPARATOR OF A CLAIMANT WHO MADE A COMMENT ABOUT THE RACE OF A COLLEAGUE

To read the decision click HERE

TRANS EMPLOYEE SUCCEEDS IN SEX DISCRIMINATION CLAIM WHEN HER NAME WAS NOT CHANGED ON COMPANY RECORDS

To read the full decision click HERE

TRIBUNAL REPEATS PREVIOUS FINDING ON REMISSION FROM THE EAT THAT HEALTH TRUST’S PCP REQUIRING ALL COMMUNITY NURSES WORK FLEXIBLY, WAS PROPORTIONATE NOTWITHSTANDING “CHILDCARE DISPARITY”

To read the full decision click HERE

JUDGMENT BY CONSENT OF SEX DISCRIMINATION & HARASSMENT FOR FEMALE POLICE OFFICER PROVIDED WITH MALE PPE & SUBJECT TO A SERIES OF HUMILIATIONS RELATING TO HER SEX

To read the full decision click HERE

Picture Credit: The Daily Mail

OFFICE MANAGER WHO’S BOSS DEEMED HER MENOPAUSE AN “EXCUSE FOR EVERYTHING” SUCCEEDS IN £37K SEX DISCRIMINATION CLAIM

To read the full decision click HERE

POLICE INVESTIGATE THE SUICIDE OF A YOUNG FEMALE SOLDIER FOLLOWING ALLEGED HARASSMENT BY A SENIOR COLLEAGUE

To read the news report click HERE

Picture Credit: The Independent

To see all possible claims click HERE

PRIVATE MEMBER’S BILL RESTRICTING USE OF NDAs IN WORKPLACE SEXUAL HARRASSMENT AND DISCRIMINATION CASES HAS BEEN PASSED

To read the full story click HERE

MALE NURSE STRUCK OFF FOR MISTREATMENT OF A PATIENT WHO LACKED MENTAL CAPACITY AT ANTRIM HOSPITAL

To read the decision click HERE

Picture Credit: Belfast Telegraph

LAW FIRM DIRECTOR STRUCK OFF FOR NON-CRIMINAL SEXUAL MISCONDUCT WITH AN 18 YEAR OLD LEGAL APPRENTICE

To read the decision click HERE

Picture Credit: The Telegraph

NEW EQUALITY COMMISSION REPORT ON EQUALITY AND HUMAN RIGHTS POST BREXIT

To read the report click HERE

REPORT ON EMPLOYER’S FAILURE TO CAPITALISE ON KEY SKILLS ASSOCIATED WITH DYSLEXIA

To read the report click HERE

TESCO INTRODUCES PAID LEAVE FOR KINSHIP CARERS

To read about Tesco’s suite of family-friendly policies click HERE

NATIONAL LIVING WAGE SET TO INCREASE TO AT LEAST £11 PER HOUR FROM APRIL 2024

To read the full details click HERE

Picture Credit: Gov.uk

2023 JOINT REPORT ON WHISTLEBLOWING BY HEALTHCARE REGULATORS

To read the report click HERE

LAW CARE ISSUES NEW GUIDANCE FOR EMPLOYERS ON PROTECTING MENTAL HEALTH IN LEGAL WORKPLACES

To read the guidance click HERE

Picture Credit: LawCare.com

⚖️Teacher at an all girls grammar school wins unfair dismissal claim after tribunal finds the school’s investigation inadequate.

⚖️City banker loses gross misconduct unfair dismissal claim for violating the bank’s expenses policy by claiming coffee and sandwich costs for his partner during a business trip.

⚖️Pension remedy decided in case of whistleblower nurse subject to bullying after raising concerns over public safety.

⚖️EAT finds that tribunal erred in finding that further investigation of a nursery teacher by the regulatory body, after the Respondent raised the initial complaint, broke the chain of causation required for Claimant to show detriment caused by whistleblowing.

⚖️Tribunal makes a preliminary finding that Claimant’s opposition to critical race theory was a protected belief under s10(2) of the Equality Act.

⚖️High Court finds that “clawback” of a bonus provision did not constitute a restraint in trade.

⚖️ET finds that part-time recorders did not suffer less favourable treatment on the grounds of part-time status when appointed as salaried circuit judges, in relation to pension scheme.

⚖️Supreme Court announces new female justice who is ex-head of the Employment Appeals Tribunal.

⚖️Labour party announces its employment pledges at party conference.

⚖️BBC instigates new rules for flagship presenters following controversy over Gary Linekar’s social media posts.

⚖️Abercrombie and Fitch launches investigation into ex-CEO sexual misconduct claims

⚖️Rise in fines for employers who undertake excessive monitoring of home working.

⚖️HMRC offers staff a pay rise for three day week in the Summer in a bid to improve service levels.

⚖️Women are urged to open letters from HMRC relating to unpaid state pensions when taking time off work for child care between 1978 and 2010.

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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