Murdock v Department of Justice [2023]

Posted In: Case Law
  • Decision Number
    NIIT 1833/20
  • Legal Body
    Northern Ireland Industrial Tribunal (NIIT)
  • Type of Claim / Jurisdiction
    Dismissal, Absence and Sickness, Discrimination
Issues covered: Disability Discrimination; Unfair Dismissal; Long-Term Sickness Absence; Stress


The claimant was employed by the respondent as a Custody Prison Officer from September 2007 until his dismissal in April 2020. This followed from a period of sickness absence from April 2019.

The Tribunal accepted the claimant’s evidence about stress and related sickness absence.  The Tribunal accepted it arose from a vigil/protest held at the prison gate where the claimant worked. It related to a prisoner who had committed suicide. The claimant felt threatened on occasion following confrontation with a family member. The protest came to an end in June 2019. 

The claimant’s absence was managed under the Inefficiency Sickness Absence Policy which stated: ‘Should the

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This article is correct at 10/08/2023

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Jason Elliott BL

The main content of this article was provided by Jason Elliott BL. Email

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