Paul’s main area of practice is employment law.
Paul studied law at Queen’s University and before joining Napier Solicitors he gained over 15 years post qualification experience as an employment solicitor at a major national law firm. He has worked with clients in a wide variety of employment sectors, including schools, further education colleges and universities.
Paul has specialist knowledge of all areas of employment law, including all forms of unlawful discrimination; unfair dismissal; TUPE issues; protected disclosures (whistleblowing); and cases involving part-time workers and fixed-term employees. He routinely runs complex high value Industrial Tribunal cases and has dealt with Tribunal appeals to the Northern Ireland Court of Appeal.
Paul also provides training to clients in relation to employment law and equality issues. He is a committee member of the Employment Lawyers Group for Northern Ireland.
A Legal 500 source recently said: “Paul Upson is now established as one of the leading employment and discrimination lawyers in the jurisdiction. His grasp of cases and complexities arising is second to none”.
Introduction ⚓︎
On 2 February 2022, the EAT handed down its decision in the case of Lewis v The Governing Body of Tai’rgwaith Primary School[1]. The case involved a teacher who was dismissed by the school following an incident in which a pupil was pulled to the floor.
Industrial Tribunals in Northern Ireland are not strictly obliged to follow judgments of the EAT for England and Wales. However, an Industrial Tribunal in this jurisdiction will generally take such judgments into account when making their own decisions.
Factual background ⚓︎
The teacher in this case began working at the school in September 2001. Child B was a pupil in the teacher’s class. Child B had learning difficulties. On 15
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