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Can delays in addressing misconduct concerns undermine a fair dismissal?
A recent case highlights why timing matters - and how delaying misconduct investigations can undermine a fair dismissal
Katherine knowledgeably supports employer and employee clients on a full range of employment law issues, including at Employment Tribunals
Katherine Irvine is an Associate in our Employment Law team. She works across our Edinburgh, Glasgow and Dundee offices.
Katherine has focused on employment law since 2009, advising on both contentious and non-contentious employment law matters. This involves advice on issues at every stage of the employment relationship, from recruitment through to termination of employment and beyond.
Katherine has worked with employer and employee clients in a wide range of sectors and industries, including charities, hospitality, leisure, health, and social care.
She regularly attends Employment Tribunals across Scotland, England, Northern Ireland, and Wales, representing both claimants and respondents in a variety of cases, enabling her to readily identify the issues from both an employee and employer perspective. Katherine has a wealth of both advisory and advocacy experience.
Areas of advice and representation in the Employment Tribunal include general disciplinary and grievance matters, dismissals, redundancies and re-structuring, TUPE transfers including business purchases/sales, outsourcing work and bringing that in-house, equal treatment/discrimination issues, public interest disclosures (“whistleblowing”), employment contracts and policies/procedures, contractual (post-termination) restrictions, settlement agreements, and negotiations during periods of pre-litigation ACAS Early Conciliation.
Highlights
- Representing a respondent business in a tribunal claim where dismissal was alleged to have been on discriminatory grounds related to pregnancy
- Representing a university employer in respect of claims of unfair dismissal, non-payment of wages, and under the discrimination legislation on the grounds of religion or belief, in Northern Ireland
- Acting for an employee in an unfair dismissal, disability discrimination and discrimination by association claim against her former employers
- Representing numerous claimant clients in discrimination, unfair dismissal, and wages claims
- Acting for the transferor in a TUPE transfer where the pool of transferring employees was in dispute
- Representing a respondent in a whistleblowing claim in the construction industry, and representing an employee in relation to whistleblowing claims in the medical research industry
- Acting for an employer dentist in a claim with over 15 allegations of sex discrimination and/or harassment
Meet the team
We help employers and employees deal with workplace issues in a clear, fair and practical way. From contracts, policies and restructures to grievances, investigations and tribunal claims, we’ll help you understand options and next steps.
Who we help
We support private and third sector organisations managing workforces, as well as individuals navigating change at work. If you need advice that’s commercially aware but grounded and practical, we’re here to help.
Insights from Katherine
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Can post-employment statements by an employer be whistleblowing detriments?
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When redundancy is unfair: The duty to consider other roles
A recent EAT decision underscores the need for employers to consider alternative employment for redundancy dismissals
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Is it discriminatory to dismiss an employee for expressing religious beliefs on social media?
The Court of Appeal ruled that dismissing an employee for Christian social media posts was unlawful direct discrimination.
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Can charity trustees be protected as whistleblowers?
A landmark 2024 EAT ruling suggests charity trustees may qualify for whistleblowing protection under human rights law, despite being unpaid volunteers.
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