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
    Disciplinary and Grievance Issues, Pay and Conditions of Employment
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

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This article is correct at 21/02/2019
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John Taggart BL
Barrister

The main content of this article was provided by John Taggart BL. Contact telephone number is 07525 020288 or email jtaggart11@qub.ac.uk

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