Articles & Downloads / Employment

Louise McAloon

Cybersecurity & employee liability for losses incurred through online fraud

26 February 2019

A recent Scottish case involving an employer seeking to recover its losses from an employee who was deceived into transferring company funds of £193,250 to online fraudsters has sparked considerable interest amongst employers and lawyers alike. This is the first reported case of its kind where the employing company has dismissed an employee for gross misconduct and thereafter issued legal proceedings against their former employee to seek to recover their losses. Read More

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

Amy Barr

Why 'forced hugs' at Ted Baker have caused a big issue

11 December 2018

More than 2,600 people have signed a petition calling for the end of ‘forced hugs’ and ‘harassment’ at fashion retailer Ted Baker. The company has been under significant pressure over the past week after a series of revelations from current and former employees accused founder and CEO of the company, Ray Kelvin, of a culture of “forced hugging” in the workplace. Read More

Louise McAloon

Can an employee refuse to work additional hours in the lead up to Christmas?

14 November 2018

Whilst employers will invariably endeavour to individually consult with their staff with a view to reaching agreement regarding working additional hours in the lead up to Christmas, the case of Edwards v Bramble Foods Ltd ET/2601556/2015 is a salutary reminder that for those employees who might unreasonably refuse to work some extra hours, an employment tribunal has previously decided that the dismissal of an employee who refused to work extra hours before Christmas was fair. 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

Toni Fitzgerald-Gunn

Mental Health awareness in the workplace

05 September 2018

Even with an emphasis on raising awareness and a move towards a more open dialogue about mental health in society, mental health can still, unfortunately, be seen as a “taboo” subject, which people may not feel comfortable talking about; especially with their employer, who they feel may treat them differently due to this revelation. Read More

Niall McMullan

Paid to Sleep

07 August 2018

The Court of Appeal in England & Wales have recently handed down the long-awaited decision in the case of Royal Mencap Society v Tomlinson-Blake. Read More

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