McIlveen on Employment- September 2024

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“The best preparation for tomorrow is doing your best today.”
H Jackson Brown Jnr

⚖️Welder’s claim for gross misconduct fails; employer’s investigatory findings were reasonable and not required to be conducted to the standard of “trained detectives”.

⚖️Lorry driver who lost unfair dismissed claim involving posting Michaela McAreavey chants is ordered to pay £10k in costs to Respondent

⚖️Health trust housekeeper fails in associative disability discrimination claim based on her son’s complex needs.

⚖️Portacabin employee wins constructive unfair dismissal claim.

OTHER NI EMPLOYMENT STORIES IN THE NEWS:

⚖️PSNI officer loses job and receives a suspended sentence after repeatedly smacking a woman’s bottom as she tried to work out at the gym.

⚖️Belfast City Council becomes first NI Council to introduce neonatal leave and pay policy.

HIGH COURT FINDS PSNI OFFICER CONDUCTING SADO-MSOCHISTIC AFFAIR WAS UNLAWFULLY SUBJECTED TO GROSS MISCONDUCT CHARGES

To read the judgment click HERE

Picture Credit: Belfast Telegraph

HIGH COURT QUASHES FORMER PSNI CHIEF’S DECISION TO REDUCE CUSTODY SERGEANT’S MISCONDUCT SANCTION CONCERNING THE DEATH OF A DETAINEE

For the full story click HERE

Picture Credit: Belfast Telegraph

SUPREME COURT RESTRICTS TESCO ON FIRE AND REHIRE AND PRESERVES CONTRACTUAL ENTITLEMENT TO ENHANCED PAY

To read the press summary click HERE
For the full decision click HERE

Picture Credit:BBCnews

CONTRACTS BETWEEN PART-TIME REFEREES AND THEIR ADMINISTRATIVE BODY MET MINIMUM REQUIREMENTS FOR CONTRACT OF EMPLOYMENT

To read the press summary click HERE
For the full decision click HERE

Picture Credit: Bloomberg.com

NEXT SHOP WORKERS WIN EQUAL PAY CLAIM

For the full decision click HERE

Picture Credit:Personnel today

ASDA WORKERS HOLD DEMONSTRATIONS AS EQUAL PAY CLAIM INVOLVING 60,000 STAFF CONTINUES

For the news story click HERE
For insight on how these cases might effect other employers click HERE

Picture Credit: ITVx

PREP SCHOOL TEACHER, WHO WAS NOT SLEEPING BUT ‘CLOSED HIS EYES TO THINK’ SECURES £170K UNFAIR DISMISSAL AND DISABILITY DISCRIMINATION CLAIM

To read the full decision click HERE

Picture Credit: The Telegraph

DAMAGES INCREASED FROM £35K TO £350K FOR ACCOUNT MANAGER LABELLED ‘TEARFUL, EMOTIONAL’ AND ‘HORMONAL’ WHILST WORKING DURING PREGNANCY

To read the remedy decision click HERE

Picture Credit: The Times

CLAIM OF EMPLOYEE WHO BELIEVED HE WAS DISMISSED FOR BELIEF IN ENGLISH NATIONALISM FAILS AS VIEWS EXTENDED TO ANTI-SEMITIC BELIEFS NOT WORTHY OF RESPECT IN A DEMOCRATIC SOCIETY

For the full decision click HERE

Picture Credit: Personnel Today

DOCTOR STRUCK OFF AFTER PRESCRIBING UNLICENSED & UNCONVENTIONAL TREATMENTS TO CHIlDREN

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

Picture Credit: The Telegraph

DR SUCCESSFULLY APPEALS ERASURE AFTER PANEL’S FAILURE TO MAKE FINDINGS OF FACT MEANT IT COULD NOT MAKE A FINDING OF DISHONESTY

To read the HIgh Court Judgment click HERE

Picture Credit: Fitness to Practise News

SOLICITOR WHO WITHHELD DISBURSEMENTS FROM BARRISTERS IS STRUCK OFF

To read the full decision click HERE

Picture Credit: Lawgazette.com

RYANAIR LOSES APPEAL AGAINST ITALIAN BAN ON SEAT RESERVATION FEES FOR CARERS ACCOMPANYING MINORS AND THOSE WITH DISABILITIES

For the full story click HERE

Picture Credit: The Irish Times

HIGH COURT REMITS WRC APPEAL BACK TO THE CIRCUIT COURT AS JUDGE WAS TOO INTERVENTIONIST DURING DISCRIMINATION CASE CONCERNING TRAVELLERS

For the full decision click HERE

Picture Credit: Irish Legal News

NEPALESE CHEF AWARDED €23K FOR BREACHES OF WTR AND MINIMUM WAGE LEVELS WHEN WORKING 70 HOURS WEEKS

For the full decision click HERE

Picture Credit: Irish Legal News

LOW PAY COMMISSION PUBLISHES POLICY PAPER SETTING OUT HOW IT WILL RESPOND TO MINIMUM WAGE CONSULTATION

To read the policy paper click HERE

Picture credit: Gov.uk

DELOITTE EQUALISES MATERNITY AND PATERNITY LEAVE TO BOOST NUMBER OF WOMEN IN ITS SENIOR RANKS

To read the full story click HERE

Picture Credit: The Times

⚖️Flat-rate fee imposed on part-time minicab driver did not breach Part-Time Regulations holds EAT

⚖️Settlement of £560k reached for City whistleblower who raised China spy concerns.

⚖️Adminstrator who mistakenly sent an email to a customer rather than a colleague, referring to him as a “t*w*!t” succeeds in claim for unfair dismissal.

⚖️Australia introduces ‘right to disconnect laws’.

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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