Walsh v Chief Constable of the Police ... Nichola Murphy (Other) [2021] NIit 12956_18it (22 February 2021)

Walsh v Chief Constable of the Police ... Nichola Murphy (Other) [2021] NIit 12956_18it (22 February 2021)

The claimant suffered a detriment within the meaning of Article 73(1) because the employer, through Ms Murphy, sent a defamatory email impugning the claimant’s integrity, motivated by his trade union activities. The claim was presented within such further period as the tribunal considered reasonable, as the claimant was unaware of the email until June 2018. The appropriate remedy is an award for injury to feelings at the lower end of the Vento scale.

Parties
Claimant: Gavin Walsh; First Named Respondent: Police Service of Northern Ireland (PSNI)
Jurisdiction
Northern Ireland
Judgment Date
22 February 2021
Procedural Posture
Employment Tribunal / Final Judgment
Outcome
Claim upheld
Legal Topics
Trade Union Detriment, Time Limits, Injury to Feelings, Remedies
Employment Law Trade Union Detriment Time Limits Injury to Feelings Remedies

Case Brief

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Parties

Gavin Walsh

Claimant

Police Service of Northern Ireland (PSNI)

First Named Respondent

Procedural Posture

Employment Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claim was presented within the statutory time limit or within such further period as the tribunal considers reasonable
  2. 2 Whether the claimant suffered a detriment
  3. 3 Whether the detriment was caused by an act of the employer

Ratio Decidendi

The claimant suffered a detriment within the meaning of Article 73(1) because the employer, through Ms Murphy, sent a defamatory email impugning the claimant’s integrity, motivated by his trade union activities. The claim was presented within such further period as the tribunal considered reasonable, as the claimant was unaware of the email until June 2018. The appropriate remedy is an award for injury to feelings at the lower end of the Vento scale.

Court Disposition

Claim upheld

Orders

  • The first named respondent shall pay the claimant £3,000.00 for injury to feelings.