Articles & Downloads / 2017 / September


Claire McDaid

Increasing number of women pursuing claims for injuries caused by TVT vaginal mesh

28 September 2017

TVT, tension free vaginal tape, also known as vaginal mesh, was advertised as an innovative new product when it was introduced to the market; a simple procedure that provided an effective solution to bladder prolapse, a condition suffered by many women. However, as the years have passed, it has become clear that a high number of women who underwent surgery to have the mesh inserted have suffered painful and often permanent symptoms. Read More


Louise McAloon

Monitoring internet use in the workplace – is there any expectation of privacy?

27 September 2017

Most workers expect that their employers monitor their internet use in the workplace but a recent appeal (Bărbulescu v Romania) to the European Court of Human Rights has highlighted that the law must strike a fair balance between the employer’s interests and the employee’s right to privacy enshrined under Article 8 of the European Convention on Human Rights. The Court found that Mr Bărbulescu’s employer had acted unlawfully when it dismissed him for sending personal messages via the Yahoo Messenger facility during working hours and that the domestic courts in Romania had failed to comply with their obligation to protect his right to privacy. Read More


Toni Fitzgerald-Gunn

Preparing for the new changes to data protection laws: 7 steps to take now

25 September 2017

Despite the ongoing Brexit negotiations, the UK government has recently confirmed their plans to adopt the EU General Data Protection Regulation (GDPR) in May 2018. In addition to enhancing the current Data Protection Act 1998 (DPA), the GDPR contains several new requirements, many of which will have a significant impact on employers. Read More


Niall McMullan

Employee’s claim of Victimisation dismissed

19 September 2017

In the recent decision of Shane Hynds v The South Eastern Regional College and Tim McAlister [2017], the College, represented by Worthingtons Solicitors, successfully defended the Claimant’s claims that he had been victimised. The second respondent, Mr. McAllister, Deputy Head of School, was also successful in defending his position. Mr McAlister was represented by his own legal team. Read More


Maxine Orr

Does Holiday Pay include Voluntary Overtime

05 September 2017

In recent years there have been a number of high-profile cases before employment tribunal both in Northern Ireland and in Great Britain concerning how employers should calculate statutory holiday pay for the workers, in particular to what extent variable payments such as commission and overtime should be considered. Read More


Maxine Orr

What factors can be considered when determining redundancy selection?

01 September 2017

Deciding what factors to consider when determining redundancy selection can be a difficult task for employers. In the recent case of Roy Robert Hillerby v Castle Engineering & Construction Company Ltd, the Northern Ireland Industrial Tribunal held that employers are entitled to take into consideration a subjective set of criteria. Read More


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