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News Desk
Department for Employment and Learning - Response to consultation on Zero Hours Contracts
Thompsons NI in our response to the Department of Employment consultation on Zero Hours Contracts have called for such contracts to banned. Although portrayed as a flexible labour solution to short-term problems, the evidence shows the widespread and long term use of such contracts as a means to circumvent employment protection and job security. This is an inherently abusive practice. Our response sets out constructive proposals for steps to regulate genuine short-term contracts which provide greater legal protection for employees.
You can read the full consultation here.
Payout of £250,000 expected as ex-Pattons workers win
tribunal claim
107 ex-employees of insolvent building company, David Patton & Sons, have won their claim at the Industrial Tribunal for a ‘Protective Award’ and should receive average payments of around £2,500 each.
You can read the full news story here.
Unite Legal Services secures compensation for members over disputed redundancy package
Seven members of Unite the Union in Belfast have been awarded compensation totalling over £135,000 following a long-running dispute over their redundancy package.
You can read the full news story here.
Northern Ireland construction workers recover lost pay in long-running wage dispute
Seven construction workers in Northern Ireland have successfully secured compensation for a historic wage grievance worth up to £12,000 each following an Industrial Tribunal.
The men – all members of construction workers’ union UCATT – had raised concerns separately on numerous occasions that their wages were not being paid correctly but employers, Down District Council, had repeatedly dismissed they had a legitimate claim.
So the lead claimant for the case contacted UCATT which instructed Thompsons McClure to act on the workers’ behalf.
You can read the full news story here.
New Information Sheets on Northern Ireland Employment Law
Given the increasing differences in employment and discrimination law between Northern Ireland and Great Britain, including the fact that the main GB legislation in relation to discrimination, the Equality Act 2010, does not apply in NI, Thompsons McClure have produced a new series of Information Sheets on the main aspects of employment law in NI as at April 2012. These will be updated occasionally as required.
Court rules employer liable for sectarian harassment of employee
Short Brothers PLC has been ordered to pay compensation to an employee who was subjected to a terrifying campaign of sectarian harassment and intimidation by colleagues.
In a significant judgment, handed down by the Northern Ireland County Court, Shorts were found to be vicariously liable for the harassment of Louis McGettigan.
You can read the full news story here.
AIB employees win test cases for withheld pay at Industrial Tribunal
In two significant test cases bank employees who had contractually agreed increments and bonuses withheld after their employers pleaded an inability to pay them, while paying out millions in secret payments to senior staff, have won their case at Industrial Tribunal in Northern Ireland with help from trade union solicitors Thompsons McClure.
You can read the full news story here.
Call for evidence: Effectiveness of Current Transfer of Undertakings (Protection of Employment) Regulations 2006 and the Service Provision Change (Protection of Employment) Regulations 2006
Thompsons McClure’s response to the Call for evidence: Effectiveness of Current Transfer of Undertakings (Protection of Employment) Regulations 2006 and the Service Provision Change (Protection of Employment) Regulations 2006
NI assembly reverses asbestos compensation law
People in Northern Ireland suffering from the asbestos related condition pleural plaques are able to claim compensation from today (Wednesday, December 14, 2011).
Belfast solicitors Thompsons McClure, which has worked closely with trade unions in campaigning for this legislation, has welcomed the Northern Ireland’s Assembly’s decision to allow those with pleural plaques to seek compensation once again.
You can read the full news story here.
Supreme Court ruling gives green light to NI asbestos compensation law
The decision of the Supreme Court to dismiss an appeal brought by UK insurers who challenged the lawfulness of an Act of the Scottish Parliament (The Damages (Asbestos-Related Conditions) (Scotland) Act 2009) will enable a similar Act in Northern Ireland to come into force.
People with asbestos-related pleural plaques will again be able to bring claims for compensation once the Damages (Asbestos-Related Conditions) Act (NI) 2011, which received Royal Assent in June, gets its Commencement Order.
Derek Kane of Thompsons McClure Solicitors said: “We welcome the statement by the Northern Ireland Attorney General that it will now be possible to move forward on a sound legal basis following the Supreme Court’s decision. The Court recognised the democratic right of the Scottish Parliament and the Northern Ireland Assembly to legislate for the benefit of its citizens. The rights of people in Northern Ireland whose lungs have been damaged by asbestos due to the negligence of their former employers – a right denied by the insurance industry in pursuit of its commercial interests - will soon be restored.
“It is however deeply regrettable that people in England and Wales suffering from the same condition continue to have no remedy due to the failure of the Westminster government to act.”
Thompsons McClure welcomes asbestos Bill
Belfast solicitors Thompsons McClure has welcomed Northern Ireland’s Assembly’s decision to pass a Bill which recognises the concerns of those suffering from an asbestos related condition.
The Assembly passed The Damages (Asbestos Related Conditions) Bill NI which restores the right to claim compensation for pleural plaques.
You can read the full news story here.
The Draft Damages (Asbestos-related Conditions) Bill (Northern Ireland) 2010
Thompsons McClure’s response to the Department of Finance and Personnel’s consultation on the Draft Damages (Asbestos-related Conditions) Bill (Northern Ireland) 2010 which will restore the right of people with symptomless pleural plaques to claim compensation.
Labour Relations Consultation on Code of Practice on Time Off for Trade Union Duties and Activities (August 2010)
The Labour Relations Agency have conducted a consultation seeking comments on their draft Code of Practice on Time Off for Trade Union Duties and Activities, which is proposed to replace the current Code. This follows a similar exercise carried out by the equivalent body in Great Britain (ACAS) in 2009, which led to the introduction of a revised Code in GB. Thompsons McClure have submitted a response to the consultation document.
Our response includes the following proposals:
• That the legal requirement that the Code ‘shall’ be taken into account in any relevant proceedings before the Industrial Tribunal is reflected in the Code which states incorrectly that the Code ‘may’ be taken into account.
• That the Code should provide definitions of key terms such as ‘collective bargaining’ and ‘independent trade union’ in the body of the Code.
• That greater clarification is provided concerning how atypical workers such as night shift workers are dealt in relation to payment for time off.
• That there should be a more positive obligation on employers to provide facilitates in the workplace to trade union representatives (including office space, telephone and email) as the proposed formulation in the Code - that this need only be done “where resources permit” - gives the employer too wide a discretion and is open to abuse.
UNITE Wins Protective Award payments for Redundant Workers
Sacked Unite members in Nortel Networks UK Limited (In Administration) in Monkstown and J& G Engineering (NI) Limited (In Liquidation) in Belfast were recently awarded the maximum 90 days award in two separate cases brought by the union represented by Thompsons McClure.
You can read the full news story here.
Health and Safety News Autumn 2009
Thompsons McClure want to keep our clients informed about issues that affect them in the workplace, our Health and Safety News for Autumn 2009 includes articles on recent decisions about hearing loss and what constitutes work equipment, we hope you will find the articles interesting, we do also have a limited number of hard copies available should you require a copy for your workplace.
Public Consultation on Disputes in the Workplace (September 2009)
The Department for Employment and Learning have conducted a consultation to inform a review of mechanisms for resolving individual employment rights disputes in Northern Ireland to ascertain if the present arrangements can be improved. Thompsons McClure have submitted a response to the consultation document.
Our response includes an endorsement of the option of a radical new system for NI similar to the Rights Commissioner model in the Republic of Ireland; retaining the statutory duty on all employers to have discipline and grievance procedures with a sanction against those who fail to do so; extending the time limit to 6 months for all claims; an end to the small employer exception in relation to compulsory union recognition; and public funding for the Irish Congress of Trade Union to advise and represent non-unionised workers.
Public Consultation On Proposals To Amend Trade Union Law
The Department for Employment and Learning have conducted a consultation on proposals to amend Trade Union Law following the decision of the European Court of Human Rights (ECHR) in the case of ASLEF v The United Kingdom concerning the freedom of trade unions to expel or exclude individuals on the grounds of their political party membership. Thompsons McClure have submitted a response to this consultation document.
Consultation on Pleural Plaques
The Department of Finance and Personnel for Northern Ireland have launched a consultation on Pleural Plaques following the decision of the House of Lords in October 2007 that Pleural Plaques are not actionable and do not attract compensation. Thompsons McClure have prepared a response to this consultation document.
The Mesothelioma Lump Sum Payments (Conditions and Amounts Regulations (Northern Ireland) 2008
On the 1st October The Mesothelioma Lump Sum Payments (Conditions and Amounts Regulations (Northern Ireland) 2008 and associated Act came into force. The Legislation sets up a new scheme to provide financial support for sufferers of mesothelioma within weeks of diagnosis. Sufferers of mesothelioma will be eligible for a payment whether they were employees, self employed or contracted mesothelioma from relatives clothing. Compensation will be paid if they have not already received compensation through civil litigation.