Author: Karen

LIFE BITE: “Time’s up” for Sexual Harassment in the Work Place

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apple-150579_1280Last week’s Golden Globe Awards were dominated by the sexual harassment scandal that has engulfed Hollywood, with many actresses and actors choosing to wear black as a sign of solidarity with victims of sexual abuse and harassment.

“Time’s Up” has become the slogan, and hashtag on social media, encapsulating the reaction to recent revelations about extensive sexual abuse and harassment in the entertainment industry.

The website  www.timesupnow.com which has been set up in the USA by multiple organisations including the National Women’s Law Center, reports that 1 in 3 women aged 18-34 years old have been sexually harassed in the workplace while over 70% failed to report it.

In light of this, we thought we it would be helpful to look briefly at Sexual Harassment in the Northern Ireland workplace and what employees and employers can do to protect themselves.

Sexual Harassment is defined in the Sex Discrimination (Northern Ireland) Order 1976 as “unwanted conduct” that is sexual in nature and effectively violates the victim’s dignity or “creates an intimidating, hostile, degrading, humiliating or offensive environment.”

The definition is extremely wide, and it is not necessary to prove that the conduct was intentional. For this reason, it is vital that a zero-tolerance culture exists and that it is explained clearly to all employees the sorts of behaviours that are unacceptable.  An act which one person may deem to be insignificant could be considered by an Employment Tribunal to be harassment. The following behaviours can amount to sexual harassment but this list is not exhaustive:-

  • Written or verbal comments of a sexual nature such as remarks/ questions/ jokes about a colleague’s appearance or sex life
  • Sending or forwarding on emails that contains content of a sexual nature
  • Displaying pornographic or explicit images
  • Unwanted physical contact and touching
  • Sexual assault

Employers owe a duty of care to their employees and may ultimately be held liable for harassment.   They should not only ensure that adequate policies are in place to prevent such incidents but also to deal with them when they arise, in a manner that is sufficiently serious, confidential and allows the complainant to be treated with dignity and respect.

Employees should seek legal advice as soon as possible and note that the time limit for bringing a case to a Tribunal is usually 3 months from the date the discriminatory act took place.

If you require any further information on sexual harassment in the workplace, whether you are an employer or employee, please feel free to contact us here or leave your comments below.

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LIFE BITE: Tribunal orders compensation to 143 ex Ulster University staff after “very serious failure” to consult over Redundancies

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apple-150579_1280The University and College Union has won a case against the University of Ulster over its failure to consult on redundancies, securing the maximum award for staff involved. 

 

The case was taken by University College Union when 143 members of teaching and other staff lost their jobs in April 2016, after the University suffered a substantial reduction in DEL funding. Some of the University faculties were closed at the time and undergraduate numbers were reduced.

The Tribunal held that large scale redundancies were inevitable by June 2015 and that discussions ought to have begun with the Union much earlier than they did.  The University had failed in its obligations, both under statute and its own redundancy policy.  They found that the process was a “fait accompli” with no opportunity for input by the Trade Union who were “actively mislead” and “ostracised” by the University management.   The Union were provided with insufficient time and information to meaningfully engage with counter proposals. Effectively, the Tribunal said, the University “put a gun” to the heads of the affected employees.

The University’s failures, the Tribunal said, meant that some staff were treated very poorly which was a “deeply unsatisfactory consequence”. The Tribunal found that  failures were deliberate and there was an intention to keep the Union out of the process.

The case looked at the law on the duty to consult about redundancies and whether this had been complied with.  It considered whether these redundancies amounted to dismissals, which it found they had.  Consideration was also given to what protective award should be made to which staff and for what period. The Tribunal made the maximum award of compensation finding that the University failed egregiously in its duties.

Francis Hanna & Co Solicitors acted for the University College Union in this very significant case, with Counsel Tom Brown, from Cloisters.

Martin Hanna, Partner, Francis Hanna & Co, said:

“We are delighted with this result which has significant ramifications not only for the Trade Union and staff involved but also for the university and other employers, employees and unions involved in redundancies. The decision provides important guidance for employers on the duty to consult with Trade Unions and the timeliness and sufficiency of that consultation. Further it serves as an important reminder of the effect of an employer failing to adhere to its legal obligations.”

Should you require any further information on any aspect of Employment law or redundancy, please feel free to contact us here.

Domestic Abuse App launched by Belfast Area Domestic & Sexual Violence Partnership

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havenbelfastThe Belfast Area Domestic & Sexual Violence and Abuse Partnership have launched a domestic & sexual violence App, in conjunction with the PCSPS and Belfast Health & Social Care Trust.

 

The Belfast Area Domestic & Sexual Violence and Abuse Partnership is made up of agencies, organisations, groups and individuals, to include members of the legal profession, who share a common interest and purpose in improving services and support for victims of domestic violence.

On 27th November 2017, the Partnership launched their new domestic & sexual violence App, named ‘Haven: Belfast’ at an event at Belfast’s City Hall.

The App is free to download and is for anyone experiencing domestic and/or sexual violence within an intimate partner relationship and further provides information to various professionals who may come into contact with domestic abuse in the course of their work.

Life Law NI’s very own Karen Connolly  was involved in the Partnership’s Working Group for developing ‘Haven: Belfast’:-

“It has been a pleasure working with the Partnership on the development of ‘Haven: Belfast’.  The App provides an array of material on domestic violence, to include useful information on how to recognise the warning signs of an abusive relationship and where to go for support. 

There is information contained within the App of the various legal remedies a person has for gaining protection from an abusive relationship.   It will hopefully act as a useful tool for clients and legal professionals alike in tackling domestic abuse within our society”.

‘Haven: Belfast’ can be downloaded at the App store or on Google Play from today.

Show Support to the ’16 Days of Activism against Gender-Based Violence’ Campaign

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16DaysThis Saturday marks the beginning of ‘The 16 Days of Activism against Gender-Based Violence Campaign’.

This international campaign originated from the first Women’s Global Leadership Institute coordinated by the Centre for Women’s Global Leadership in 1991.  It spans from 25th November 2015 ( the International Day for the Elimination of Violence against Women)  to 10th December 2015 (Human Rights Day) and is a time to galvanize action to end violence against women and girls around the world.

Women’s Aid have been part of the movement for a number of years raising awareness of domestic abuse and challenging society’s attitude to the subject.

Women’s Aid’s theme this year is ‘Healthy Relationships’ providing an opportunity for to promote healthy relationships with young people and highlight issues and ‘alarm bells’ in relation to unhealthy relationships that they might encounter in the future.

Over the course of the 16 Days Campaign, Women’s Aid will also be posting ’16 Myths for 16 Days’ on their social media in order to help dispel myths and common misconceptions around domestic abuse. Life Law NI are assisting Women’s Aid this year with raising awareness of the 16 Days Campaign and of domestic violence and the protection afforded by the law in Northern Ireland to victims of abuse.

You can learn more about the 16 days Campaign here

For further information on how the law can protect you from Domestic Abuse, please fee free to contact us here 

Anti-Slavery Day 2017 – Modern Slavery & Human Trafficking in NI

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Today is Anti-Slavery Day 2017.   

Anti-Slavery Day,  provides an opportunity to raise awareness of human trafficking and modern slavery, and encourage government, local authorities, companies, charities and individuals to do what they can to address the problem.

We are very grateful to Rebecca Grounds and Sarah Bruce of Belfast and Lisburn Women’s Aid for allowing us to share this piece on Modern Slavery and Human Trafficking in Northern Ireland with our followers.

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IF YOU REQUIRE ASSISTANCE IN RELATION TO SEXUAL EXPLOITATION YOU CAN CALL THE 24 HOUR DOMESTIC AND SEXUAL VIOLENCE HELPLINE, A COMPLETELY CONFIDENTIAL SERVICE, ON 0808 802 1414
IF YOU REQUIRE ANY FURTHER INFORMATION ON THE LAW REGARDING HUMAN TRAFFICKING IN NI, PLEASE FEEL FREE TO CONTACT US DIRECTLY ON INFO@FHANNA.CO.UK