Location: Northern Ireland
Rep.of Ireland
Location: Northern Ireland
Rep.of Ireland

First Tuesday Q&A

The claimant was dismissed by reason of gross misconduct and in particular.

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What are the Vento Guidelines?

Posted in: First Tuesday Q&A NI on 03/10/2023 In discrimination claims, the primary remedy that is compensatory in nature is compensation for injury to feelings. It is a claim for compensation for the upset, distress or anxiety that a claimant has suffered as a result of discrimination. The amount of compensation that is awarded for injury to ...
This article is listed under the following topics:
Discrimination and Equality

In a Direct Discrimination Claim, What is a Comparator and When is it Required?

Posted in: First Tuesday Q&A NI on 06/06/2023 If an employee claims that their employer discriminated directly against them, it must be proven that the treatment was less favourable than the treatment which would be afforded to others due to the employee’s protected characteristic. In order for the tribunal to approach this, a comparator must ...
This article is listed under the following topics:
Discrimination and Equality

What is the Difference Between Sexual Harassment and Sex Discrimination?

Posted in: First Tuesday Q&A NI on 02/05/2023 In the aftermath of the MeToo movement, catalysed by allegations within the Hollywood film industry, there remains ongoing dialogue in regard to sexual harassment and violence. Accompanying this surge in awareness and discussion, it has become more commonplace for claims of sexual harassment to be ...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures

Can an Employee Lodge a Claim for Discrimination that has Occurred Outside their Physical Employment Base/Office and Normal Working Hours?

Posted in: First Tuesday Q&A NI on 02/05/2023 It is important that employers are aware that behaviour and actions at organised ‘social activities’ involving employees can fall within the scope of ‘in the course of employment’ as established in the case of Chief Constable of the Lincolnshire Police v Stubbs and others [1999]. Where, for example...
This article is listed under the following topics:
Discrimination and Equality

Is Addiction Classed as a Disability under the Disability Discrimination Act 1995?

Posted in: First Tuesday Q&A NI on 10/03/2023 A disability is defined by Section 1(1) Disability Discrimination Act 1995 to be a physical or mental impairment which has a substantial and long-term adverse effect on an individual’s ability to carry out normal day-to-day activities. Whilst various conditions do fall within the definition of a d...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures

What are an Employer’s Obligations Surrounding Reasonable Adjustments for a Disabled Employee?

Posted in: First Tuesday Q&A NI on 10/03/2023 Further information would be required in order to advise on the particular obligations that would be relevant in your context. However, in general terms, the Disability Discrimination Act 1995 imposes a duty on employers to make reasonable adjustments to help disabled employees (together with job a...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures Diversity & Inclusion

What Is The Difference Between Direct Discrimination And Indirect Discrimination?

Posted in: First Tuesday Q&A NI on 04/10/2022 Direct discrimination is described as treating someone ‘less favourably’ than other people on the grounds of a protected characteristic. Indirect discrimination is where workplace rules or arrangements apply equally to everyone, but inadvertently puts someone with a protected characteristic at a d...
This article is listed under the following topics:
Discrimination and Equality

What are the Different Types of Discrimination in Northern Ireland?

Posted in: First Tuesday Q&A NI on 04/10/2022 There are a number of different types of discrimination. Direct discrimination is where an employee is treated less favourably by their employer on the basis of a protected characteristic. Examples of protected characteristics are age, sex, race, sexual orientation, disability, religious belief or ...
This article is listed under the following topics:
Discrimination and Equality

Rights For Transgender Or Non-Binary Employees – What Are an Employer’s Obligations?

Posted in: First Tuesday Q&A NI on 06/09/2022 There are specific anti-discrimination rights for those in the LGBTQ+ community in the Sex Discrimination (Northern Ireland) Order 1976. Under this legislation, if an employee is absent as a result of undergoing gender reassignment, an employer cannot treat this absence any less favourably than any...
This article is listed under the following topics:
Discrimination and Equality Diversity & Inclusion

Can Menopause Be a Protected Characteristic?

Posted in: First Tuesday Q&A NI on 05/07/2022 For some employees with menopausal symptoms, this can lead to increased absence and affect work their performance. Menopause is not a protected characteristic in and of itself, however, a recent Employment Appeal Tribunal (EAT) case, Rooney v Leicester City Council (2021), determined that an employ...
This article is listed under the following topics:
Discrimination and Equality Menopause