Law Centre NI
Employment Rights Bulletin
July 2022
|
|
|
|
Welcome to our Employment Rights Bulletin with news, updates and case studies from the employment team at
Law Centre NI.
|
|
|
|
|
Our Employment Rights team is here to advise on employment law and your rights.
If you think there is an issue that the team can help you with, please contact our advice line on 028 9024 4401.
Opening hours
Monday to Friday
09:30-13:00
|
|
|
Law Centre NI welcomes Domestic Abuse (Safe Leave) Bill
|
|
|
Law Centre NI welcomes the Northern Ireland Assembly's recent passage of the Domestic Abuse (Safe Leave) Bill. It will entitle employees in Northern Ireland, who are victims of domestic abuse, the right to avail of up to ten days of paid leave a year. This is termed “safe leave”.
Suffering from domestic abuse is undoubtedly a traumatic time for victims. Instead of having to take annual leave or unpaid leave as a consequence of abuse, employees will be able to use safe leave. This aims to protect the individual’s employment position during this time.
At a time when domestic abuse incidents are particularly high (32,219 in 2021), the legislation will mean that Northern Ireland will be the first jurisdiction in the UK to provide the right to paid leave for victims.
The right to avail of safe leave will be a “day one” employment right with no qualifying service period. It will allow victims time to deal with issues related to the abuse including:-
Finding alternative accommodation
Obtaining legal advice / pursuing legal proceedings
Healthcare assistance
Welfare assistance
The Bill is awaiting Royal Assent and the commencement date is yet to be confirmed. It can be accessed at the following link:
http://www.niassembly.gov.uk/globalassets/documents/legislation/bills/non-executive-bills/session-2017-2022/dom-abuse-safe-leave/domestic-abuse-bill---as-amended-at-cs---full-print-version.pdf
Law Centre NI awaits the future regulations with interest.
|
|
|
|
Long Covid and disability: Burke v Turning Point Scotland
|
|
|
A Scottish employment tribunal has held that long Covid symptoms engaged a “disability” for the purposes of the relevant legislation.
The individual employee was therefore permitted to bring disability discrimination proceedings against his former employer.
The relevant legislation in this case was the Equality Act 2010 which only applies in Great Britain. However, the definition of disability is the same under the Disability Discrimination Act 1995 which applies in Northern Ireland.
A person has a disability if they have “a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities”.
|
|
In this instance, Mr Burke had been suffering from significant side effects after contracting Covid-19 in November 2020. These effects included joint pain, difficulty concentrating, disrupted sleep, fatigue and anxiety. Mr Burke needed assistance with cooking, shopping and did not socialise or attend important events anymore. The symptoms were held to be “substantial” despite varying in their severity and “long-term” in that they were likely to last for 12 months or more.
Each case will turn on its own set of facts, however this is an important judgment which highlights that long Covid can amount to a disability (despite the fact the decision is non-binding).
It is estimated that around two million people in the UK are living with long Covid. As a result, it is inevitable that more cases will arise, with claimants engaging the disability definition for the purposes of the legislation.
|
|
|
|
New legislation to allow businesses to use agency workers during industrial action
|
|
|
Triggered by the rail strike in Great Britain, Business Secretary, Kwasi Kwarteng, has introduced a new law to allow businesses to supply skilled agency workers to plug staffing gaps during industrial action.
Prior to this new law, the position was that agencies face potential criminal penalties if they supply temporary agency workers to fill duties by employees who are taking part in strikes.
|
In addition, the new law includes a proposal to increase the amount of damages which can be awarded against a Union if a strike is found to be unlawful from £250,000 to £1 million.
It is important to note that this will only apply to England, Wales and Scotland. Employment law is devolved in Northern Ireland, so it will not extend here.
Click here to read the Government press release.
|
|
|
Our clients are at the heart of everything that we do.
The employment team has been pleased to assist many individuals in the last number of weeks with the successful resolution of their employment issues.
Please note, due to confidentiality provisions and the sensitive nature of a number of cases, client names have been anonymised.
Law Centre NI assisted "Edward" through the Industrial Tribunal process, providing guidance and drafting assistance. Edward stated: “Freddy, I just wanted to say a big thank you for all you did for me, your support, guidance and advice meant a lot. I don’t think I would have got as far without it”.
"Claire", who received assistance from the Law Centre with an unauthorised deduction from wages claim, stated: “Freddy, thank you once again for all your help. I am well on the way to sorting myself out now I don’t have a big cloud over my head".
We also secured a settlement of £10,000 for "Emma", a mother of two young children under a settlement agreement. Emma wrote to Law Centre NI Legal Officer, Sue, and said: "It is only now that I feel I can begin to lift my head from the stress and anxiety that I incurred. Whenever I expressed my work situation to others, I felt that it fell on deaf ears until I came across you...You were able to listen to my situation, give me specific and relevant advice of my options and help me to see my case through in an unbiased manner."
|
|
|
|
|
