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

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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  • Brexit (1)
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  • Discipline (1)
  • Discrimination (2)
  • Dismissal (7)
  • Policies and Procedures (2)
  • Annual Leave and Holiday Pay (2)
  • Tribunal Practice, Procedures and Jurisdictional Issues (9)
  • Tribunal Practice, Procedures and Jurisdictional Issues (9)
  • Transfer of Undertaking (TUPE) (1)
  • Redundancy (1)
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  • Working Time (1)
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Features

Post Brexit- Employment Law Changes

Posted in: Tribunal Guidance from Kennedys on 22/06/2023 The UK Government has recently announced the first in a series of upcoming regulatory reform packages proposed following the UK’s departure from the EU. Employment law is the first area to be addressed with the following changes being announced: - A reduction to the Working Time Regulations’ report...
This article is listed under the following topics:
Transfer Regulations (TUPE) Contracts of Employment Transfer of Undertaking (TUPE) Pay Brexit
Features

Damages for Discrimination and Detriment Claims in the Industrial Tribunal & Fair Employment Tribunal

Posted in: Tribunal Guidance from Kennedys on 13/06/2023 When advising clients regarding employment claims, it is important to have a clear idea of the potential value of any claim. This article considers the legal framework to determine appropriate damages in the Northern Ireland Tribunals for claims involving discrimination or detriment under Part VI o...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Features

Damages for Unfair Dismissal in the Industrial Tribunal & Fair Employment Tribunal

Posted in: Tribunal Guidance from Kennedys on 30/05/2023 This article considers the legal framework to use when determining appropriate damages in the Northern Ireland Tribunals for claims involving unfair dismissal (including constructive unfair dismissal). For cases involving discrimination or detriment under Part VI of the Employment Rights (Northern ...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Features

Statutory Restriction Dismissals – Key Considerations By Tribunals

Posted in: Tribunal Guidance from Kennedys on 17/01/2023 Over the past year, the employment team prepared a series of articles on potentially fair reasons for dismissal. This final article in this series deals with dismissals for reasons of statutory restriction. What is a statutory restriction dismissal? Statutory restriction dismissals are defined at A...
This article is listed under the following topics:
Dismissal
Features

Some Other Substantial Reason Dismissals – Key Considerations by Tribunals

Posted in: Tribunal Guidance from Kennedys on 03/10/2022 The circumstances in which an employment relationship ends are rarely straightforward. Whilst we are familiar with viewing dismissals through the lens of conduct, capability, redundancy or contravention of a statutory duty the law recognises that there are legitimate reasons to dismiss an employee ...
This article is listed under the following topics:
Dismissal Tribunal Practice Procedures and Jurisdictional Issues
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...
This article is listed under the following topics:
Dismissal Discrimination Tribunal Practice Procedures and Jurisdictional Issues
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...
This article is listed under the following topics:
Dismissal Discrimination Tribunal Practice Procedures and Jurisdictional Issues
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 ...
This article is listed under the following topics:
Dismissal Redundancy Tribunal Practice Procedures and Jurisdictional Issues
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