Derek Marshall and Ian Falconer v Caterpillar (NI) Limited [2019]
Posted In: Case Law-
Case Reference
5717/18 and 5719/18 -
Legal Body
Northern Ireland Industrial Tribunal (NIIT) -
Type of Claim / Jurisdiction
Discipline, Pay
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
Already a subscriber?
Click here to login and access the full article.
Log in now to read the full articleDon't miss out, register today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
Disclaimer:
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.
John Taggart BL
The main content of this article was provided by John Taggart BL.
View all articles by John Taggart BL