July Newsletter

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 “Even the darkest night will end and the sun will rise.”
Victor Hugo
Employment Law Webinar 
Yesterday, I delivered an employment law webinar for the Law Society of Northern Ireland alongside Ciara Fulton from JCB Solicitors. 

The recording from the event can be accessed here. 

I also prepared a handout for the event which can be accessed here. 
 
Currently pending: FCA Business interruption test case: Following the lockdown, a host of businesses had to close their doors and many looked to insurers to cover their losses through their business interruption policies. However, many insurers disputed these claims, arguing that such policies were never intended for losses caused by unprecedented measures such as government-imposed lockdowns. About 400 companies have complained to the financial ombudsman, prompting City regulator the Financial Conduct Authority (FCA) to bring this case. The ruling is likely to be the deciding factor for many business owners as to whether they will be able to continue to trade or not.
⚖️ 'Unreliable and self-serving': HSBC banker loses her employment tribunal case

⚖️ Exclusive: 4,500 whistleblower complaints as bosses force furloughed staff to work

⚖️ UK working mothers are 'sacrificial lambs' in coronavirus childcare crisis

⚖️ Hairdresser was an employee and not self-employed, finds tribunal

⚖️ Coronavirus: New law protects furloughed workers from reduced redundancy payout
 
Decisions from Northern Ireland Tribunals are published here. 

The following substantive decisions have recently been published on the Tribunal website: 

CASE REF: 7350/17: Contains helpful summary of disability discrimination law in NI & duty to make reasonable adjustments

CASE REF:   17585/19: Application for extension to extend time to enter a response granted.

CASE REFS:  2267/16 & 4236/17: Unsuccessful claim for disability discrimination. 

The President of the Tribunals issued updated guidance on the 7th July. The Tribunal is now reopen and cases are starting to be listed for case management from August 2020. 
10th September: Immigration for Employment Lawyers

17th September: Essentials of Employment Law for NI Employers

11th November: Annual Review of Employment Law 2020
I am an accredited mediator with Mediation Forum Ireland and a member of The Bar of Northern Ireland’s Resolution Centre.I am now offering virtual mediations. To find out more, please book a call with me via www.emmamcilveen.com. 

Within an employment context, I think online dispute resolution would be beneficial for:

(1) Low value claims
(2) Seeking an early resolution during conciliation stage
(3) Claims involving individuals who have been advised to shield and therefore are unable to attend Tribunal in person 
(4) Claims arising out of COVID 19 circumstances 
(5) Claims involving personal litigants 
(6) Claims where neither side has insurance funding 
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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Copyright © 2020, Emma McIlveen, Barrister at Law, All rights reserved.

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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