Articles & Downloads

Maxine Orr

What is Bumping in a Redundancy Situation?

20 June 2018

In redundancy exercises, employers have a duty to consider suitable alternative employment for any employee at risk of redundancy. This sometimes involves an employer placing an ‘at risk’ employee into a role that is currently occupied and dismissing the displaced employee instead. This process is known as ‘bumping’. In the case of Mirab v Mentor Graphics (UK) Limited, the Employment Appeal Tribunal (EAT) considered whether employers must consider ‘bumping’ an employee in a redundancy situation. Read More

Louise McAloon

Discrimination in Recruitment - Unlawful political discrimination following failure to appoint highest scoring candidate

12 June 2018

The importance of a fair and merit based recruitment process was highlighted in a decision recently issued by the Fair Employment Tribunal in Northern Ireland (CRN 65/17FET). Awarding compensation of £5,500 to former Sinn Féin MLA Phil Flanagan, the Tribunal found that Mr Flanagan had been unlawfully discriminated against on grounds of his political opinion by Citizens Advice Armagh in relation to their failure to appoint him to the post of Manager, despite being the highest scoring candidate in the recruitment process. Read More

Catherine Cooney

Top ten tips any new business should know

05 June 2018

Starting out in business is daunting and most start ups will want to focus on building the business and bringing in money. However, it is important to take the right legal steps at the beginning to avoid time consuming and expensive issues later. This short checklist is designed to help businesses mitigate the legal risks and achieve commercial success. Read More

Toni Fitzgerald-Gunn

Too obese to work?

26 April 2018

A recent survey conducted by the Department of Health has revealed that 27% of adults in Northern Ireland are classed as obese. Obesity levels have been on the up over the last decade with health campaigners describing the latest survey results as a “health time-bomb”. The consequences of this for employers may be serious, with reports suggesting that obesity fuels long-term sickness and absence in the workplace, but what does the law say about obesity-related absences? Read More

Jonathan Duncan

The Stubborn Persistence of Asbestos Disease

19 April 2018

With today’s Health & Safety Standards, it is difficult to envisage a period when manual workers were exposed to asbestos on a daily basis without any precautions whatsoever. However, this was the reality faced by many workers and it should always be remembered that the dreadful conditions were entirely contrary to laws already in place at the time. Most definitely not “Health & Safety gone mad”. Read More

Louise McAloon

Absence management and the cost of failing to make reasonable adjustments

19 April 2018

In a reserved judgment issued in January this year, an Employment Tribunal in Liverpool awarded £110,165.14 compensation against the Department for Work and Pensions when former employee Mrs Carrabyne (Carrabyne v Secretary of State for Work and Pensions Case 2401990/2016) was found to have been unfairly dismissed and subject to unlawful disability discrimination following her dismissal under the absence management policy. Read More

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