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 and Grievance, Pay
Issues covered: Medical Suspension; Unlawful Deductions from Wages

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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This article is correct at 21/02/2019

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

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