Derek Marshall and Ian Falconer v Caterpillar (NI) Limited Posted In: Case Law
Case Reference5717/18 and 5719/18
Legal BodyNorthern Ireland Industrial Tribunal (NIIT)
Type of Claim / JurisdictionDisciplinary and Grievance Issues, Pay and Conditions of Employment
Both claimants are employed by the respondent as paint specialists. The main issue was whether they were medically suspended from work within the meaning of Art.96 of the Employment Rights (NI) Order 1996.
Both claimants had attended routine health examinations with the respondent’s Occupational Health Nurse. They were certified fit for work, apart from working at heights due to concerns about blood pressure readings. Both were told by management not to return until they had been deemed suitable to work and both were later certified as fit to work by their GPs.
The tribunal concluded that the circumstances of the case fell outside the scope of Art.96. It held that Art.96
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