Latest in Tribunal Guidance from Kennedys

Kevin Gallagher, Associate in the Employment Team at Kennedys Law, Belfast provides best practice guidance when handling dismissal situations and outlines the key issues that will be considered by an Employment Tribunal when considering the fairness of a dismissal.

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Features

Supreme Court Clarifies Holiday Pay For Employees With Irregular Hours

Posted in: Tribunal Guidance from Kennedys on 28/07/2022 In a recent Judgement in the case of Harpur Trust -v- Brazel the Supreme Court has clarified the correct method for calculating holiday pay entitlement for an employee with no fixed working pattern. This judgment has ramifications for employers with employees and workers on zero hours contracts wit...
This article is listed under the following topics:
Working Time Pay
Features

Tribunal Considerations – Reasonable Adjustments

Posted in: Tribunal Guidance from Kennedys on 17/01/2022 Section 4A of the Disability Discrimination Act 1995 provides that where a provision, criterion or practice supplied by, or on behalf of an employer places a disabled person at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of an employer to take such ste...
Features

Tribunal Considerations - Amending A Claim

Posted in: Tribunal Guidance from Kennedys on 20/10/2021 Those familiar with Tribunal practice and procedure will be well aware that it is not uncommon for Claimants to seek to add to, or amend their claim over the lifetime of the proceedings as further information and discovery becomes available. In this month’s article we consider the Tribunal’s approa...
Features

Redundancy Dismissals – Key Considerations By Tribunals

Posted in: Tribunal Guidance from Kennedys on 24/05/2021 As businesses and economic circumstances change and evolve, it is common for Employers to find themselves in a position where they feel that they need to make redundancies. This may be particularly relevant over the coming months with the Government’s furlough scheme due to begin winding down from ...
Features

Restrictive Covenants – Reasonableness and Enforceability

Posted in: Tribunal Guidance from Kennedys on 18/03/2021 Although the focus of this feature is the Employment Tribunal, unfortunately an employment tribunal does not have jurisdiction to consider claims concerning restraint of trade [i]. In this article we therefore look the Northern Ireland High Court and the recent decision of Holchem Laboratories Limi...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Features

Early Conciliation - Key Considerations by Tribunals

Posted in: Tribunal Guidance from Kennedys on 08/01/2021 Early conciliation came into effect in Northern Ireland on 27 January 2020 and as a result any Claimant wishing to lodge a Tribunal claim must first notify the Labour Relations Agency of their intention to do so and obtain an early conciliation certificate before progressing a claim to the Industri...
Features

Conduct Dismissals - Key Considerations by Tribunals

Posted in: Tribunal Guidance from Kennedys on 13/10/2020 The recent Northern Ireland Tribunal Judgment in Jasinskas v Sebden Steel Service Centre Limited t/a Sebden Steel Ireland (case ref 1118/119IT) provides a useful illustration of common pitfalls which occur in disciplinary and dismissal procedures and also reminds us of the value of a meaningful and...
Features

Ill Health Dismissals - Key Considerations by Tribunals

Posted in: Tribunal Guidance from Kennedys on 19/08/2020 When I am asked to defend a claim for unfair dismissal involving an employee who has been dismissed due to long-term ill-health absence my first step is always to map out the chronology of the procedure followed. In any dismissal it is essential that an employer can show that it has followed a fair...