Latest in Employment Law>Case Law>Ann Gallagher v Donegal County Council
Ann Gallagher v Donegal County Council
Published on: 23/12/2015
Issues Covered: Dismissal Absence & Sickness
Article Authors The main content of this article was provided by the following authors.
Legal Island
Legal Island
{}
Background

The claimant worked for the respondent, a County Council, from 1999. She felt that she was constructively dismissed by way of forced retirement as of the 2013. She had been off sick since 2007.

When the respondent eventually took steps to have the claimant medically assessed, there seems to have been some doubt about the claimant's abilities to return to work and certainly her own GP reckoned she was “permanently unfit for work”.

The claimant accepted medical retirement and then sought to appeal this. She decided it would be better for her to take a career break rather than early retirement; or a part-time position should have been found to accommodate her working less hours.

The EAT found in favour of the employer. The pension related pay was discretionary and had to be stopped as there was no indication that the claimant would ever be in a position to return to work.

https://www.workplacerelations.ie/en/Cases/2015/November/UD1694_2013.html

Continue reading

We help hundreds of people like you understand how the latest changes in employment law impact your business.

Already a subscriber?

Please log in to view the full article.

What you'll get:

  • Help understand the ramifications of each important case from NI, GB and Europe
  • Ensure your organisation's policies and procedures are fully compliant with NI law
  • 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
  • Receive free preliminary advice on workplace issues from the employment team

Already a subscriber? Log in now or start a free trial

Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 23/12/2015
Q&A
Legal Island’s LMS, licensed to you Imagine your staff having 24/7 access to a centralised training platform, tailored to your organisation’s brand and staff training needs, with unlimited users. Learn more →