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 and Equality
Issues covered: Disability Discrimination; Unfair Dismissal; Long-Term Sickness Absence; Stress

Background:

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
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.

Jason Elliott BL
Barrister

The main content of this article was provided by Jason Elliott BL. Email jasondelliott@outlook.com

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