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Our case reviews cover a wide range of employment cases from relevant employment courts and the implications of these decisions for employers.

Latest Case Law

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Case Law

Halpin v Stewart t/a Corporation Square Limited, Ben Stewart t/a Alexanders Holywood Limited [2023]

Decision number:63737/22   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant worked for the respondent who was the sole director of the two entities listed as respondents. The claims related to the payments made (and not made) to the claimant throughout her employment with the respondent. It was noted that there was a failure to pay the claimant fo...
This article is listed under the following topics:
Pay
Case Law

McGourty v Dragonglass Belfast Limited [2023]

Decision number:NIIT.27200/22   Legal body: NI Industrial/Employment Tribunal (NIIET) Background: The claimant regularly worked for the respondent, in their hotel, as a kitchen porter. The claimant signed an agreement stating he wished to remain as a casual worker but he regularly worked 36 hours per week and in practice received payment for his breaks. The claimant was placed onto...
This article is listed under the following topics:
Working Time Pay
Case Law

McMullan v North Coast Worldchoice Ltd [2022]

Decision number:NIIT.451/21   Legal body: NI Industrial/Employment Tribunal (NIIET) Background: The claimant was employed as a Travel Consultant from October 2017 until termination in September 2020. There was never any written statement of particulars. As a result of the pandemic, the claimant was placed on furlough leave. On 1st September 2020, the director of the responden...
This article is listed under the following topics:
Dismissal Redundancy
Case Law

Pole v Bajwa [2023]

Decision number:Case.No:.3308843/2022   Legal body: Employment Tribunal (ET) Background: The claimant worked for the respondent as a ‘groom’ and her contract was brought to an end in December 2021 with one month notice. The claimant outlined that she was paid until the end of January 2022 thus complying with that right. However, the claimant then did some work in early Fe...
This article is listed under the following topics:
Contracts of Employment Pay
Case Law

BLISS Residential Care Limited v Fellows [2023]

Decision number:EAT.8   Legal body: Employment Appeal Tribunal (UKEAT) Background: The claimant wished to bring an unfair dismissal claim against the respondent. The issue for the EAT here was in relation to the application of time limits. The claimant instructed solicitors to represent her. The solicitor dealing with her case was recently qualified and had been wo...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Case Law

Muldoon v Ashton Community Trust [2023]

Case reference: NIIT.18581/21   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant was employed as a full-time Support Worker in the respondent’s job club. When initially employed, she was subject to the probation policy which applied for six months and could be extended for a further three months. At the beginning of her employment in October 2019, the...
This article is listed under the following topics:
Discrimination Tribunal Practice Procedures and Jurisdictional Issues
Case Law

Neal v Rockhouse NI Limited t/a Omeya Day Spa [2023]

Case reference: NIIT.22156/20   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant was employed by the respondent as a beauty therapist from October 2018 until October 2020 when she resigned. The respondent had closed because of the Covid-19 pandemic in March 2020 and reopened in July 2020. The claimant was pregnant when the Spa reopened and did not st...
This article is listed under the following topics:
Dismissal Discrimination Coronavirus/Covid-19
Case Law

Devine-Gallagher v Lidl (NI) Limited [2023]

Case reference: NIIT.23572/21   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant was employed as a Deputy Logistics Manager from 2003 until her dismissal in September 2020. The respondent conceded that the claimant was disabled within the meaning set out in the Disability Discrimination Act. There were a number of issues relating to the claimant’s back...
This article is listed under the following topics:
Discrimination
Case Law

Barnett v Irish Football Association [2023]

Case reference: NIIT.12503/22   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant is a qualified physiotherapist who has been in practice as ‘Tony Barnett Bodytone Physiotherapy’. The claimant stated that for the ‘other’ work he was self-employed. The issue was that the claimant provided physiotherapy treatment and advice to the Northern Ireland Women’...
This article is listed under the following topics:
Dismissal Discrimination
Case Law

Thukalil v Puthenveettil [2023]

Decision number:EAT.47   Legal body: Employment Appeal Tribunal (UKEAT) Background: The claimant was a domestic worker in the respondent’s home from 2005 to 2013. The National Minimum Wage Regulation 1999 (Regulation) outlined that such domestic workers were exempt and therefore not entitled to the minimum wage. This was challenged on the grounds that the Regulation ...
This article is listed under the following topics:
Discrimination Pay