Articles & Downloads / John Kelly

John Kelly

Criminal offences outside work: what should employers do?

23 January 2019

Following the sentencing of Irish League footballer Jay Donnelly earlier this month for the distribution of an indecent image of a child, there has been much debate around the response of his employer. Some have suggested that Cliftonville F.C. should have taken firm action much more quickly, whilst others say the whole saga has little or nothing to do with his employer. Whilst I don’t intend to comment on the specifics of that case, the story does give rise to an interesting discussion around what action employers should take in such circumstances. Read More

John Kelly

Why you can’t always have your cake and eat it

17 October 2018

The Supreme Court has given its long awaited decision in the so-called “gay cake” case, ruling unanimously that Ashers Bakery did not discriminate against gay rights activist Gareth Lee, who had been successful in the County Court and then at the Northern Ireland Court of Appeal. Read More

John Kelly

Eliminating modern slavery: what steps should your business take?

26 July 2018

“Modern slavery significant problem in NI”…“PSNI receive 31 trafficking and modern slavery cases”…“People being kept as human slaves on a daily basis across Northern Ireland”. These are just a few headlines from recent months which spell out very clearly that, despite its supposed abolition almost 200 years ago, slavery is alive and well today. It was against this background that the government introduced the Modern Slavery Act in 2015. But what does all this talk of slavery and a Modern Slavery Act possibly mean in real terms for Northern Ireland businesses? Read More

John Kelly

Keeping the “reasonable” in reasonable adjustments

31 January 2018

An English employment tribunal recently made an award of £1,000 against Marks and Spencer after managers delayed in providing a disabled staff member with the key to a customer lift which would have allowed him to reach the store’s toilets more easily. The tribunal concluded that the retailer had breached its legal duty to make reasonable adjustments for disabled employees. Read More

John Kelly

Encore! The Gig Economy

25 July 2017

In November of last year, I shared my thoughts on the UK’s “gig economy”. That article was largely in light of the “Uber decision”, in which an English employment tribunal decided that Uber have to grant basic employment rights to their supposed “self-employed contractor” drivers. The case demonstrated the very real possibility that “self-employed contractors” in the new gig economy may well qualify as “workers” within the meaning of the relevant legislation. Read More

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