Patricia Flanagan v Belfast Metropolitan College [2016]

Posted In: Case Law
  • Case Reference
    NIIT 1085/15
  • Legal Body
    NI Industrial/Employment Tribunal (NIIET)
  • Type of Claim / Jurisdiction
    Dismissal, Discipline and Grievance, Contracts of Employment
Issues covered: Constructive Dismissal; Unfair Dismissal; Reinstatement; Suitable Terms; Binding External Appeal

The claimant had been employed by the respondent as ‘Creativity and Innovation’ lead. She was dismissed on 6 March 2014 following an investigation and disciplinary process. The claimant appealed, in accordance with the employment contract, to an Independent Appeal Committee (IAC) which allowed the appeal and ordered her reinstatement to her substantive role. 

Despite the legally binding direction from the Appeal Committee, the respondent offered the claimant a return to work focusing on an ‘Employability Project’ which in reality was not a return to work on the same terms. The claimant made it clear that she did not accept the new position as a reinstatement but the respondent

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This article is correct at 29/04/2016

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John Taggart BL

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