Author: EDC-Admin

Data Breach Claim Update – 28 October 2024

This update is provided in relation to the group action against the Chief Constable for damages arising from the PSNI data protection breach on 8 August 2023.

What is the current position?

On 24th September 2024 the PSNI’s legal representatives confirmed to the Court that “Liability is no longer an issue, it’s (now) a matter of causation and damages.” The review hearing was adjourned until December to allow for mediation to take place between the parties. Mediation is a voluntary, confidential form of alternative dispute resolution, where legal representatives meet to discuss possible settlement with the aid of an independent mediator. The Defendant expressed the hope that the mediation would lead to a “universal offer” open to all plaintiffs who wished to accept.

The mediation took place on 24 October 2024 and was unfortunately unsuccessful. After some discussions it became evident that our view of what sort of offer would be acceptable differed substantially with the view taken by the PSNI.

The mediation therefore concluded without any formal offer being made by the PSNI. This is extremely disappointing, as we had hoped that the mediation might prove constructive.

What are Edwards doing next?

We will seek a hearing date for our test case from the court as soon as possible, and hope that the decision in that case will encourage further negotiations.

What is the next step for me?

If you are a PFNI member, you should have received a questionnaire from the PFNI. Thank you to those who have already completed and returned the questionnaire. If you have not yet returned your questionnaire, we ask that you take some time to complete it and return it to the PFNI, who will, in turn, pass it securely to us.

If you are not a PFNI member, you should have received a questionnaire directly from Edwards & Co. Again, thank you to those who have already completed and returned their questionnaires. If you have not yet done so, please take some time to complete it and return it directly to us.

What if I haven’t received a questionnaire?

Firstly, please check your junk mail and spam folders to ensure that the email is not there. If not, and if you are a PFNI member, please contact the PFNI to confirm that you are registered and ask for a questionnaire to be sent to you.

If you are not a PFNI member and have not received a questionnaire, please contact us directly via email at psnidatabreach@edwardsandcompany.co.uk or by calling our office and speaking to Philip Gordon, Reece Lockhart, or Rachel Powderly.

Can I still join the claim?

Yes, you can still join the claim. If you are a PFNI member, please contact the PFNI to register with them. They will pass your name to us for addition to the claim and send you a questionnaire for completion and return.

If you are not a PFNI member, please get in touch with us directly.

How do I contact you if I have any queries?

If you have any queries from time to time, please email us at psnidatabreach@edwardsandcompany.co.uk or call our office and speak to Philip Gordon, Reece Lockhart, or Rachel Powderly.

PSNI Data Breach Claim Update – 10 September 2024

This update is provided in relation to the group action against the Chief Constable for damages arising from the PSNI data protection breach on 8 August 2023.

Test Cases Latest

Ahead of the liability-only hearing, which had been listed on 26th June 2024, the Chief Constable entered a defence which conceded primary liability in the case. There was no need for the hearing to go ahead, and matters were adjourned for further review by the Court on 24 September 2024. In the meantime, medical evidence is being finalised in the test cases, and we hope to have a date for a final hearing in the test cases soon. This hearing will establish the damages to be awarded in the test cases.

Each claim will still have to be considered individually in terms of the appropriate damages, considering that each plaintiff will have been affected differently. It may, therefore, take some time after a liability hearing to deal with each individual case, but we are committed to getting every client the best possible result.

What is the next step for me?

If you are a PFNI member, you should have received a questionnaire from the PFNI. Thank you to those who have already completed and returned the questionnaire. If you have not yet returned your questionnaire, we ask that you take some time to complete it and return it to the PFNI, who will, in turn, pass it securely to us.

If you are not a PFNI member, you should have received a questionnaire directly from Edwards & Co. Again, thank you to those who have already completed and returned their questionnaires. If you have not yet done so, please take some time to complete it and return it directly to us.

What if I haven’t received a questionnaire?

Firstly, please check your junk mail and spam folders to ensure that the email is not there. If not, and if you are a PFNI member, please contact the PFNI to confirm that you are registered and ask for a questionnaire to be sent to you.

If you are not a PFNI member and have not received a questionnaire, please contact us directly via email at psnidatabreach@edwardsandcompany.co.uk or by calling our office and speaking to Philip Gordon, Reece Lockhart, or Rachel Powderly.

Can I still join the claim?

Yes, you can still join the claim. If you are a PFNI member, please contact the PFNI to register with them. They will pass your name to us for addition to the claim and send you a questionnaire for completion and return.

If you are not a PFNI member, please get in touch with us directly.

How do I contact you if I have any queries?

If you have any queries from time to time, please email us at psnidatabreach@edwardsandcompany.co.uk or call our office and speak to Philip Gordon, Reece Lockhart, or Rachel Powderly.

William Reid Judgement

In the recent judgment of Janekova v William Reid Ltd & Ors, Edwards Solicitors successfully represented all Respondents in these proceedings, thanks to the effective defence mounted by our employment law legal team.

The Claimant, a Slovakian national, was employed by the Respondent company from November 2014 until December 2019. Her claim centred on allegations of constructive dismissal, along with race and sex discrimination, based on a series of incidents that occurred over one year. The Claimant argued that these incidents created an intolerable working environment, ultimately forcing her to resign from her position. She contended that the cumulative effect of these actions amounted to unlawful treatment.

Our Strategic Defence

Our legal team carefully focused on the content of the Claimant’s resignation letter, which expressed gratitude towards several of the Respondents and acknowledged the opportunities she had received. We highlighted the fact that the letter did not mention any issues related to discrimination, harassment, or victimisation and argued that if such concerns had existed, the resignation letter would have been a reasonable place to raise them. The Tribunal found merit in this argument, concluding that the absence of these allegations in the letter was a key factor in assessing the validity of the Claimant’s claims.

The Tribunal found that the Claimant had failed to present facts from which it could conclude that either direct race or sex discrimination had occurred. Additionally, the Tribunal noted that the First Respondent’s employment of a diverse workforce further diminished any contentions of discrimination on the grounds of race or gender. Moreover, it was determined that the Claimant had not met the legal threshold to prove any act of harassment based on race or sex, as alleged. It also concluded that there was no repudiatory breach of the Claimant’s contract, resulting in the dismissal of all claims in their entirety.

This case is a testament to the increasingly complex nature of employment disputes in a diverse workforce, where allegations of discrimination and constructive dismissal can significantly impact business operations. For companies balancing the challenges of daily operations and the time spent running a business in today’s globalised market, this ruling underscores the importance of strong legal defences to protect against multifaceted claims that could otherwise result in significant financial losses and reputational harm.

Why Choose Edwards Solicitors?

Clients should choose our services due to our proven track record in defending respondent companies against complex employment law claims. Our expertise, as demonstrated in cases such as Janekova v William Reid Ltd & Ors, ensures that your business is effectively safeguarded against such allegations. We understand the unique challenges businesses encounter and are dedicated to protecting your interests. Seeking our advice at an early stage may obviate legal proceedings being initiated entirely.

Investing in us means securing a partner who is deeply committed to your business’s success, allowing you to focus on the operational running of your business.

Secure Your Business Today

Act now to tackle potential issues early, minimising risks and ensuring your business is ready to face legal challenges with confidence. Do not wait—secure your business’s future and peace of mind today.

‘Extremely important’ case has implications for disability discrimination cases

A disability discrimination case that went to the Court of Appeal has been described as an ‘extremely important decision’ by solicitor Tara Clements from Edwards & Co.

Approximately a third of the applications for employment cases from the Police Federation for Northern Ireland relate to disability discrimination and are funded by the organisation.

The case was Peter Kelly v the Department for Communities and Department of Finance. The ruling means Mr Kelly can take his claim back to the Industrial Tribunal to be reheard.

Ms Clements recounts the details of the case.

Overview

Mr Kelly brought a claim in March 2018 against his employer for direct disability discrimination and failure to make reasonable adjustments arising from his mental health conditions. Mr Kelly suffered from an anxiety disorder and Obsessive Compulsive Disorder and struggled with day to day activities including his ability to concentrate, taking part in normal social interaction and forming social relationships. His employer disputed his status as a disabled person due to the fact he did not have a formal medical diagnosis of autism, despite the medical evidence clearly documenting his long term suffering of these impairments.

The legal test for the Tribunal to consider when deciding if Mr Kelly was a disabled person, is set out in the Disability Discrimination Act 1995, which states that a person is considered to be disabled 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.

The Industrial Tribunal held that Mr Kelly was not disabled as defined by the DDA 1995.

Mr Kelly appealed this decision to the Court of Appeal on the basis that the Tribunal erred in law in interpreting and applying the statutory test for disability as set out in the DDA 995. He contended that they failed to consider the medical evidence that was presented to them, which demonstrated the effects that his conditions had on him and his ability to carry out day-to-day activities.

In Paragraph 43 of their judgement, the Court of Appeal states:

‘In the field of disability discrimination, the jurisprudence could not be clearer, one has to look to the symptoms of the disability and not focus on the label. The job of the Tribunal is to look at the effects of the impairment on the ability to carry out the day-to-day activities listed in the Act. It is a legal and not a medical test.’

The Court of Appeal, therefore, unanimously allowed the appeal against the Industrial Tribunal’s decision that the appellant was not a disabled person under the Disability Discrimination Act 1995.

Assessment

This case presents a useful assessment of the test for employers and the Tribunal when determining whether an individual has a disability, even in the absence of an official medical diagnosis at the time. This judgement clarifies that the focus should be on the impairment suffered by the employee and the impact this has on their day-to-day lives rather than whether they have an official diagnosis or not.

Impact

This is an extremely important decision within the landscape of disability discrimination claims. These are the most common type of claims we see brought to us by PFNI members.

It’s Election Time!

With the upcoming General Election fast approaching on 4th July 2024, it is important for charities to remember the guiding principle of charity law – charities must remain independent of party politics. This is particularly important in Northern Ireland where charities have strong links to their local communities and beneficiaries.

Whilst a charity can attempt to raise awareness on important issues and influence public opinion in relation to policy, it must not encourage the electorate to vote for one party or another. A charity must remain independent and not align itself with a particular political party. It may support or oppose particular policies as a means of achieving its own objectives so long as there is no restriction in relation to campaigning set out in its governing document. In addition, whilst a charity can carry out campaigning and political activity, it must be careful that any political activity does not become the reason for the charity’s existence or purpose.

Advocating effectively is one of the important things a charity can do and campaigning may include raising awareness and changing public attitudes for the benefit of its beneficiaries. The charity’s best interests must be at the forefront of any campaign and the Trustees must act with due care. It may be useful for Trustees to develop internal policies and procedures around campaigning to ensure the campaign objectives are in line with the charity’s objectives.

The Charity Commission for Northern Ireland has published helpful guidance and we would encourage charities to read this guidance if it is their intention to get involved in political activity.

PSNI Data Breach Claim Update – 13 June 2024

Test Cases Latest

As Management Solicitors in the group action, we are preparing for the liability hearing in relation to 3 test cases on 26th June 2024.

A Defence has not been served by the Defendant but is due shortly. We remain of the view that the Defendant will not be able to avoid liability.

Please note that it may take some time after the liability hearing to deal with each individual case, but we are committed to getting every client the best possible result.

What is the next step for me?

If you are a PFNI member, you should have received a questionnaire from the PFNI. Thank you to those who have already completed and returned the questionnaire. If you have not yet returned your questionnaire, we would ask that you take some time to complete and return it to the PFNI, who will in turn pass it securely to us.

If you are not a PFNI member, you should have received a questionnaire directly from Edwards & Co. Again, thank you to those who have already completed and returned their questionnaire. If you have not yet done so, we would ask that you take some time to complete it and return it directly to us.

What if I haven’t received a questionnaire?

Firstly, please check your junk mail and spam folders to check that the email is not there. If not, and if you are a PFNI member, please contact the PFNI to check that you are registered and to ask for a questionnaire to be sent to you.

If you are not a PFNI member and you have not received a questionnaire, please contact us directly via email at psnidatabreach@edwardssolicitors.com, or by calling our office and speaking to Philip Gordon, Reece Lockhart or Rachel Powderly.

Can I still join the claim?

Yes, you can still join the claim. If you are a PFNI member, please contact the PFNI to register with them and they will pass your name to us for addition to the claim, and send to you a questionnaire for completion and return.

If you are not a PFNI member please contact us directly.

How do I contact you if I have any queries?

If you have any queries from time to time, please contact us via email at psnidatabreach@edwardssolicitors.com or by calling our office and speaking to Philip Gordon, Reece Lockhart or Rachel Powderly.

PFNI Conference 2024

Posted on our LinkedIn: Link to post

We are thrilled to attend PFNI conference 2024. This eagerly anticipated event presents a fantastic opportunity to gain useful insights, network with key stakeholders and provide valuable takeaways that will enhance our close relationship with PFNI. pfni2024