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Personal Injury Solicitor Required

Thu, 13 Nov 2025 10:49:00 GMT

Personal Injury Solicitor Required

Location: Belfast

Salary: Competitive, dependent on experience
Contract Type: Full-time / Permanent

About the Role

We are seeking a motivated and skilled Personal Injury Solicitor to join our established litigation team. The successful candidate will have experience in handling a varied caseload with a focus on Employer’s Liability, Industrial Disease, and Occupiers’ Liability and Clinical negligence claims. General litigation and straightforward Criminal experience desirable.

You will be joining a supportive, friendly firm with an excellent reputation for client care and high-quality legal services. This is a great opportunity for someone looking to develop their career within a busy and respected practice.

Key Responsibilities

Manage a caseload of personal injury matters from initial instruction through to settlement or trial.
Deal with a range of claims including employers’ liability, industrial disease, and occupiers’ liability.
Handle some straightforward criminal matters, such as road traffic offences and summary-only cases.
Negotiate settlements and represent clients at court and other hearings where appropriate.
Provide clear, compassionate, and professional advice to clients.

About You

Qualified Solicitor with experience in personal injury litigation (any level of PQE will be considered.).
Strong technical ability and a sound understanding of personal injury claims and procedures.
Experience of criminal work is desirable but not essential.
Excellent client care, communication, and organisational skills.
Ability to work independently and as part of a team.

What We Offer

Competitive salary and benefits package.
Supportive working environment with real opportunities for progression.
Flexible working arrangements considered.
Exposure to a broad range of interesting and rewarding cases.

If you’re a proactive and dedicated solicitor looking for your next challenge, we’d love to hear from you.

please send your CV and a brief covering letter to sohara@donnellykinder.com

Closing Date: 4 ^th December 2025

COMMON LAW MARRIAGE - THE MYTH

Wed, 10 Sep 2025 11:19:59 GMT

Common Law Marriage – The Myth

Are you in a living with your partner but remain unmarried? You may think you are in a ‘Common Law Marriage,’ but in fact, no such thing exists.

Unmarried couples do not have the same legal obligations to one another as their married counterparts. Unfortunately, this means that if a separation occurs, a multitude of issues can arise in relation to property and division of finances.

Unless assets are held jointly, unmarried couples have limited recourse to an ex-partner’s property, financial assets, or belongings, pension or financial support regardless of the duration of the relationship.

If living together with a joint mortgage it is important to recognise that as both parties are named jointly on the mortgage, regardless of who remains living in the property, both are jointly and independently liable for the mortgage payments. This often leaves one partner in a very vulnerable position where they cannot afford to pay the full mortgage and the other refuses to contribute.

If you have a joint mortgage and the relationship breaks down, it is often the case that one partner will make financial enquiries to secure a mortgage in their sole name. This is not always possible though depending on financial circumstances.

In some cases, it may be possible to make a financial claim against an ex-partner, even if you weren’t married but this will all depend on the circumstances.

The legal consequences of living with your partner can be widespread but unfortunately cohabiting couples rarely seek legal advice until the relationship breaks down. This can leave many couples in a stressful and vulnerable situation. You should therefore seek legal advice at an early stage if you are entering into a cohabitation relationship. At this early stage, our office can assist you in drafting a written Cohabitation Agreement on what is to happen in the event of subsequent separation and in so far as it affects property.

At Donnelly & Kinder we can provide specialist tailored advice in this particular area of law and provide guidance in terms of dispute resolution, division of assets and all aspects of child law for married and unmarried couples alike. Please contact info@donnellykinder.com or phone us at 02890 244 999 for more information.

Complex Personal Injury Claims

Mon, 18 Aug 2025 14:41:17 GMT

Why Complex Personal Injury Cases Require Specialist Expertise

Personal injury law is constantly evolving. In 2025, complex personal injury claims involving serious injuries, industrial diseases, and medical negligence are becoming more common as low-value claims decline. If you or a loved one is facing a complex injury claim, understanding why specialist legal expertise matters can help you secure the best outcome.

What Are Complex Personal Injury Cases?

Complex PI cases often include:

Catastrophic injuries such as brain or spinal damage
Industrial disease claims (e.g., asbestosis, mesothelioma)
Medical negligence and delayed diagnosis cases
Claims requiring expert medical evidence
Situations with multiple defendants or complex liability

These claims usually involve high-value compensation and require in-depth legal and medical knowledge.

Why Choose a Specialist Personal Injury Solicitor?

1. Expert Medical Knowledge and Case Preparation

Specialist solicitors collaborate with medical experts to interpret clinical evidence and build strong cases that support maximum compensation.

2. Skilled Case Management

Handling complex claims demands meticulous organization, coordination of evidence, and meeting strict legal deadlines.

3. Compassionate Client Support

Serious injuries often cause emotional and financial hardship. Specialist solicitors provide tailored advice and ongoing support throughout your claim.

4. Maximising Your Compensation

From long-term care costs to lost earnings and rehabilitation, experienced solicitors ensure you receive comprehensive damages.

5. Navigating Legal and Procedural Complexities

Experienced teams are adept at managing negotiations, court proceedings, and interactions with multiple insurers or defendants.

Real-Life Case Studies

Brain Injury and Spinal fractures Claim

Following a severe workplace accident, we secured a significant settlement for our client who also had a claim for future wage loss, loss of pension and prejudice on the labour market.

Industrial Disease: Asbestosis

We successfully represented a client exposed to asbestos at work, tracing liability across several companies to obtain substantial compensation.

Accident at work – pelvis and groin injuries

The contractor denied he owed any duty to the subcontractor who fell from makeshift scaffolding suffering a ruptured urethra and injuries to his perineum, lower abdomen and back. We secured a six figure sum for him without the need for a court hearing.

Frequently Asked Questions (FAQs)

How long do complex personal injury claims take?
These cases can take months to years due to extensive medical assessments and legal processes.

Will my case go to court?
Most cases settle outside of court, but your solicitor will prepare to litigate if needed.

How is compensation calculated?

Compensation considers medical expenses, lost earnings, care needs, pain and suffering, and future financial losses.

Contact Donnelly & Kinder for Expert Personal Injury Advice

If you’re dealing with a complex personal injury claim, you need a solicitor with specialist knowledge and experience.

At Donnelly & Kinder, we combine legal expertise with compassionate client care to secure the best results.

Call or email us today for a free, confidential consultation

FIRST TIME BUYERS

Tue, 17 Jun 2025 08:22:45 GMT

Are you buying your first home?

If you are a first-time buyer searching for your first home the process can seem daunting and overwhelming. At Donnelly & Kinder our experienced team have been providing expert conveyancing services for over 20 years, and we can help make the process as seamless as possible.

The process of buying your first home begins with the Estate Agent. Once you have viewed the property of your dreams you will need to make an offer with the Estate Agent. Once your offer is accepted you will then be asked to provide the Estate Agents with our details. We will then receive the details of your purchase, and we can begin our work.

If you are obtaining a Mortgage to assist with the purchase, our experienced team can point you in the right direction. Appointing a Mortgage Advisor may assist you at this stage and we would be happy to refer you to a local and reputable Mortgage Advisor. Once your Mortgage Offer is received, we will also act for your Lender in the transaction. We ensure that you thoroughly advised as to the legal implications of a mortgage so that you can make the best decision possible.

Additionally, if you are using a Help to Buy ISA or a Lifetime ISA to assist with your purchase, we will use our experience and expert advise to guide you. We have a wealth of experience when it comes to ISAs and we can advise you what steps are taken to ensure these funds, together with any bonuses due, are drawn down accurately and in a timely manner.

We will then liaise with the Seller’s Solicitor requesting Title Deeds and a contract for the property in sale. Our expert team will then review all documentation received and raise any relevant queries.

Once we have received everything that we need to satisfy us in respect to the Title to the property, we will then arrange an appointment to meet with you. At this appointment you will be provided with a fulsome report on title, and we will take you through everything you need to know. At this meeting you will sign the Contract and your Mortgage documentation. We will also discuss a completion date that suits both you and the Seller.

We will release the signed Contract to the Seller and await the returned countersigned Contract. Once all parties have signed the Contract and it is returned, it is legally binding.

We will request your Mortgage Lender sends us your Mortgage funds on completion date. On the date of completion, we will forward these monies together with any additional monies required from you to complete. Once the purchase funds are received by the Seller’s Solicitor they will authorise the release of the keys to you. Once this happens, you can collect the keys to your new home!

We can make the first-time buying process easy for you. Contact our office by phone at 028 9024 4999 or email us at info@donnellykinder.com.

RESIDENCE

Mon, 14 Apr 2025 11:33:51 GMT

Are you a parent who has recently separated from the father/mother of your children?

A relationship breakdown is a painful time for both parents and the children of a family. It can be made even more painful when arrangements for the children cannot be agreed between both parents. Mediation is typically advisable as a means of negotiating a solution in the best interests of the children. However, in some cases mediation is unsuccessful and an application to the Family Court will need to be made.

One question that may arise is where the child will reside, this is referred to as the child’s ‘residence’. Residence refers to where a child will live for the majority of the time. When a relationship breaks down, the question of residency can become a disputed matter. Residency can be resolved by agreement; however, the matter may need to be referred to the court. If you wish to receive tailored advice in relation to your individual family circumstance, please contact our team at Donnelly & Kinder Solicitors.

A resident parent will be responsible for making the day-to-day decisions concerning the child. However, if the other parent holds Parental Responsibility, their input will be needed for bigger decisions relating to the upbringing of the child. Residency does not need to be court ordered, however, if there is a Residence Order in place this will define were the child lives until they reach the age of 16.

In most cases there will be a resident parent, this is the parent with whom the child lives for the majority of the time. The other parent will then be considered the parent who is having ‘contact’ with the child. ‘Contact’ can range from indirect contact such as the exchange of letters, gifts, cards, text messages etc. to direct contact such as overnight stays. Contact arrangements will vary depending on the individual circumstances of each family. Contact can be court ordered by way of a Contact Order or can be simply agreed between the parents.

It is also possible that a shared care arrangement can be agreed between the parents. Alternatively, a Joint Residence Order can be made by the court, which creates a shared care arrangement between the parents.

If circumstances change after any court order is granted, an application can be made to ask the court to vary or discharge any order made.

If the above is relevant to your circumstances, you will require a Solicitor who is both experienced and empathetic.

At Donnelly & Kinder Solicitors, we tailor our advice to your own unique circumstances to achieve the best possible outcome for you and your family. We advise on all aspects of family law including Divorce, Matrimonial Agreements, the division of matrimonial finances and Ancillary Relief. Please contact Céadhra on 02890244999 or ccummings@donnellykinder.com for more information

ENDURING POWERS OF ATTORNEY

Thu, 20 Mar 2025 14:14:10 GMT

When future planning the focus is often on the preparation of a will. The potential that one may lose capacity during their lifetime can be overlooked. Loss of mental capacity can sadly and suddenly happen at any age; the Department of Health has indicated that most people in Northern Ireland will at some point in their life either lack mental capacity or encounter persons who lack capacity.

Thankfully, it is possible to nominate Attorneys who can manage your property and financial affairs should mental incapacity arise. An Enduring Power of Attorney (EPA) allows a person (the Donor) to give another person (their Attorney) authority to act on their behalf in respect of their financial affairs whilst they are still alive but lack capacity.

Anyone over the age of 18 with mental capacity can create an EPA. However, if the person no longer has capacity unfortunately it is too late to create an EPA. This is why is it so important when future planning to consider an EPA.

An EPA can ease financial stresses for your family at a time of emotional strain. Creating an EPA is inexpensive, yet it can save your family significant future fees, difficulties and delays.

Advance planning in legal, financial and personal matters will protect your finances and your independence. Ensuring your affairs are in good order will give you peace of mind and the contentment of knowing that you have taken every action to best protect your interests and that of your family.

For further information regarding any of the above or for a free, no obligation discussion please contact us by email on ccummings@donnellykinder.com or call our office on 02890 244 999.

DIVORCE AND FINANCIAL SETTLEMENT

Mon, 03 Mar 2025 10:10:30 GMT

In the wake of the breakdown of a marriage the process of divorce and financial separation can appear overwhelming and confusing. However, it can be made straightforward when the correct advice is given. It is your Solicitor’s responsibility to explain the process thoroughly, so you are able to understand and consider your options.

There are two prongs to the breakdown of a marriage, the divorce, and the settlement of the matrimonial finances. It is advisable in most cases that the finances are dealt with in the first instance with a view to coming to an agreement between the parties as to the division of the matrimonial assets. If an agreement can be arrived at, it can be drafted into what is called a Matrimonial Agreement. However, if an agreement cannot be arrived at informally then the matter must proceed to Court for a Judge’s adjudication.

In order to apply to the Court for Ancillary Relief (financial settlement) one must petition for divorce. There is only one ground for divorce and that is that the marriage has irretrievably broken down. However, there are five facts that can be relied upon and they are as follows:

1. Two-year separation with consent

2. Five-year separation

3. Unreasonable behaviour

4. Adultery

5. Desertion

There are two ‘non-fault’ facts available in this jurisdiction and those are two-year separation with consent and five-year separation. Therefore, it is sometimes necessary for a fault-based petition to be used in order to issue proceedings immediately. Typically couples in this jurisdiction will petition on two-year separation with the consent of both parties. This is seen as one of the most amicable ways to divorce in this jurisdiction but requires a minimum of two years after separation before a petition can be lodged.

If you require further advice in relation to divorce or separation, please contact our Céadhra Cummings by phone on 02890 244 999 or by email at ccummings@donnellykinder.com .

STEP

Tue, 01 Oct 2024 10:48:33 GMT

Ann Kinder is now affiliate member of STEP

Our Managing Partner Ann Kinder is delighted to be admitted as an affiliate member of STEP and is looking forward to her journey to becoming a full member. Ann is excited to bring this next level of expertise in providing advice on Trusts and Estate Planning. If you require any assistance in this area please do not hesitate to contact Ann on 02890244999 or akinder@donnellykinder.com

HAVS Judgement

Thu, 06 Jun 2024 14:55:09 GMT

High Court Judgement in Hand Arm Vibration Case

Donnelly & Kinder were proud to be instructed in what is understood to be the first reported judgment in Northern Ireland relating to a hand arm vibration claim.

Our client, Mr Concarr had been employed by the Defendant Montecron since 1983 as a fitter working with vibration machinery throughout the course of his employment. He started to suffer from symptoms connected to hard arm vibration syndrome in or around 2017. Mr Concarr brought those symptoms to the attention of his employer during a health surveillance appointment but no action was taken at that time.

Mr Concarr's claim was heard over 4 days at the High Court in Belfast before Mr Justice Rooney. At the commencement of the Hearing the Defendant conceded that they were in Breach of their Statutory Duty to Mr Concarr but denied that he was exposed to such levels of vibration that would cause injury. Expert Engineering evidence obtained by our office disputed this defence position.

In addition, the Defendant had no system of Health Surveillance prior to 2016. When Mr Concarr was identified as having HAVS there was a failure by the Defendant to assess and take steps to remove Mr Concarr from working with vibration machinery, thereby continuing to expose him to the risk of further injury.

Mr Justice Rooney held that

‘ ……..during the course of the plaintiff’s employment, the defendant persisted in breach of its statutory duties, and in particular a failure to

assess and reduce the vibration levels to which the plaintiff was exposed. It failed to provide a proper system for detecting and preventing

prolonged occupational exposure to vibration tools and it failed to carry out any risk assessments. As stated in Brown v Corus (UK), by not

doing anything about assessing the vibration levels of the handheld tools, the defendant materially increased the risk that the plaintiff

would suffer from HAVS. In my judgment, there is clearly a causal connection between the defendant’s wrongful conduct and the plaintiff’s injury’

Mr Concarr was awarded the sum of £30000 for his injuries together with an award of £15724.25 to account for his loss of earnings. Interest was also awarded.

Jayne Knox, the solicitor dealing with this case said:

'Mr Concarr sustained injuries during the course of his employment with the defendant. The documentation provided by the defendant showed the lack of adherence to their statutory duties. Our Engineering evidence was also critical in establishing the vibration levels that our client was exposed to. I am extremely pleased with the outcome for Mr Concarr who was a gentleman throughout this case. This judgement now provides the benchmark for HAVS claims in this jurisdiction

UK Supreme Court Rules Trade Union Law Breaches Workers’ Rights in Landmark Decision

Fri, 19 Apr 2024 14:25:18 GMT

UK Supreme Court Rules Trade Union Law Breaches Workers’ Rights in Landmark Decision

The Supreme Court has today ruled that trade union law in Britain breaches workers’ human rights failing to protect them from sanctions short of dismissal for taking part in industrial action.

Mrs Mercer was a trade union representative and employee of Alternative Futures Group Ltd in the role of support worker. She was suspended during lawful strike action. She was paid basic pay losing out on overtime pay for overtime she would have otherwise worked, prevented from talking to her colleagues and was issued with a written warning.

Proceedings were brought under Section 146 of the Trade Union Labour Relations (Consolidation) Act 1992 (TULCRA) claiming that she suffered a detriment short of dismissal for organising and participating in strike action.

The Supreme Court was asked to determine whether TULCRA protected workers who take part in strikes during working hours from detriment short of dismissal. The Supreme Court Judges decided that the legislation did not do so because protection was only given to industrial action carried out “outside working hours”. It commented that Section 146 amounted to a lack of protection for workers and encouraged unfair and unreasonable conduct by employers.

Judges held that the UK law is incompatible with Article 11 of the European Convention on Human Rights namely the right to freedom of association concluding that the law as it stands is in breach of human rights requirements. Taking the rare step of making a declaration of incompatibility, the court stated that “it fails to provide any protection against sanctions short of dismissal, intended to deter or penalise trade union members from taking part in lawful strike action organised by their trade union”. The UK Parliament will now consider making amendments to the legislation.

Reflecting on the decision today, Orla Sheils of our Employment Law Department commented “This decision is hugely significant for trade union members and representatives engaging in industrial action and in the legal jurisdiction of Northern Ireland where Union busting is unfortunately a real issue in some workplaces, it should send a strong message to rogue employers who seek to punish their employees simply for engaging in lawful industrial action".

Use of Agency Workers during Strike Action

Tue, 18 Jul 2023 16:27:52 GMT

UNIONS SECURE HIGH COURT VICTORY

In the recent High Court case (England & Wales) of R (on the application of ASLEF and others) v Secretary of State for Business and Trade, the court was asked to determine whether it was lawful for the Government to revoke legislation which prohibited workers striking from being replaced by agency workers.

Since 1976 it was unlawful for an employment business knowingly to introduce or supply workers to an employer to carry out the work of employees who were taking part in official industrial action. Following industrial action in the rail sector, the Government considered it necessary to revoke this without public consultation. The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022 essentially allowed employers to escape the consequences of a strike and was challenged by several trade unions.

One ground of challenge by the Unions was that the Secretary of State had failed to comply with the statutory duty to consult before making the Regulations. It was also argued that the Secretary of State acted in contravention of Article 11 of the European Convention on Human Rights by failing to prevent unlawful interference with the rights of trade unions.

The High Court held that the decision “was not informed by, or tested against, the views of and the evidence of bodies which were representative of the interests concerned”. The challenge succeeded with the decision found to be unlawful and the Regulations were quashed.

This Judgment represents a significant victory in protecting the right to strike. The failure to ensure meaningful consultation took place with the Secretary of State skipping this fundamental step, rushing through such an important change is appalling. Moving forward, it is difficult to envisage that this item will be back on the agenda any time soon given the vast opposition to it, but at the very least, the public can expect to be consulted over any changes.

https://www.judiciary.uk/wp-content/uploads/2023/07/ASLEF-v-Secretary-of-State-for-Business-and-Trade-judgment-130723.pdf

Education Law

Thu, 22 Jun 2023 10:14:52 GMT

School Admissions

It is a worrying time for families of children with Special Educational Needs. As this school year closes, the budget costs of the Education Authority will soon impact those hoping to start school in September.

The BBC have reported on families who have recently protested over the wait for special needs places in schools. See the report below

https://www.bbc.co.uk/news/uk-northern-ireland-65968364

If you have been impacted by any issues in this article or wish to seek advice on the school admissions process, please contact Aimee McGoldrick at our office.

You can do so by calling the office on 02890244999 or emailing Aimee on amcgoldrick@donnellykinder.com

The Power of Planning Ahead

Thu, 22 Jun 2023 09:49:54 GMT

Enduring Powers of Attorney

In Northern Ireland, an Enduring Power of Attorney (EPA) is a document that is designed to protect your interests. This document identifies someone of your choosing to manage your affairs, should you suffer a debilitating accident or illness.

If you don’t have an EPA in place and become ill or have an accident that leaves you unable to manage your affairs, your family does not have the automatic right to do this for you. They will have to apply through the Court which can be expensive and time consuming.

Why Donnelly & Kinder for your Enduring Power of Attorney?

- We have an experienced team of Solicitors who will guide you through the process.

- We are on the Alzheimer’s Research UK panel of approved Solicitors.

- Affordable rates

- 5/5 rating on Yell.com

If you would like further information, contact Donnelly & Kinder on 02890244999 or email info@donnellykinder.com

Have you been affected by the recent Cervical Screening recall?

Mon, 06 Mar 2023 17:00:00 GMT

New Title

Jayne Knox, Solicitor in our Litigation Department comments ‘this was a courageous story brought by ‘Susan’ to highlight how her three cervical smears tests were misread and abnormal cells missed leading to her life altering hysterectomy procedure and cancer diagnosis. Unfortunately, Susan’s story is unlikely to be the only one and given there is a review ongoing, we sadly expect there to be more women receiving difficult news.'

At Donnelly Kinder, we have a specialist medical negligence department who have the expertise to deal with all issues arising out of misdiagnosis and negligence within a Healthcare setting. Our experienced solicitors will provide guidance and support for any individual who may find themselves in a similar position to Susan.

Should you wish to discuss a potential medical negligence claim, please contact our office on 028 9024 4999 or by email at info@donnellykinder.com.

World Cancer Day

Thu, 02 Feb 2023 13:28:32 GMT

It is now estimated that one in two of us will develop cancer in our lifetime and there are around 9,000 new cases diagnosed in Northern Ireland each year.

Donnelly & Kinder Solicitors are proud to be supporting Action Cancer – Northern Ireland’s leading local cancer charity. Throughout the month of March, we will be waiving our professional fee for basic Wills. Instead, we will ask you to make a donation to Action Cancer.

Your donations will help raise funds towards Action Cancer’s range of services including therapeutic support services and their unique breast screening service. All money raised stays in Northern Ireland and goes directly to supporting the 25,000 people that engage in Action Cancer’s services each year.

At Donnelly & Kinder we have over 20 years of will writing expertise, so if you would like to make a Will and support a worthy cause, please contact us on 02890244999 or email info@donnellykinder.com .

Your Legal Firm for Life

0010721109 (L WARWICK) — Tue, 09 Nov 2021 11:13:49 GMT

We are here to help you and your family with all your Legal requirements

Organise Your Will

Mon, 01 Nov 2021 16:17:01 GMT

Air Ambulance NI’s ‘Organise your Will’ campaign

We are delighted to be supporting Air Ambulance NI’s ‘Organise your Will’ campaign. Throughout the month of November, we will be waiving our fee for a basic or pair of basic Wills, in return for a donation to Air Ambulance Northern Ireland. Make an appointment today, to ensure your tomorrows are taken care off. Contact Donnelly & Kinder on 02890244999

International Day of Persons with Disabilities

Thu, 03 Dec 2020 09:00:04 GMT

As we celebrate International Day of Persons with Disabilities, we remind ourselves that not all disabilities are visible.

For many of us, disability is something that we see, usually a physical impairment and if we notice an individual is experiencing difficulty with for example their mobility, we can accommodate their needs making whatever adjustments are necessary to alleviate any disadvantage they may suffer.

Disability however is not confined to a physical impairment and the Disability Discrimination Act 1995 aimed at ending discrimination faced by those disabled, defines disability as “a physical or mental impairment which has a substantial and long term adverse effect on a person’s ability to carry out normal day to day activities”.

Mental impairment could be Depression, chronic pain, a hearing impairment, brain injury, learning differences for instance. Identifying that someone has a mental impairment is not easy and we therefore need to rely on individuals to raise this issue with us and feel entirely comfortable in doing so.

Within the employment department at Donnelly & Kinder, we regularly advise and represent individuals who suffer discrimination on the basis of their disability by their colleagues and employers. Such acts can include offensive comments made, denials of opportunities for promotions or training, dismissals on capability grounds and failures to make reasonable adjustments in the workplace. Whilst most employers are aware of their responsibilities under the Disability Discrimination Act 1995, many struggle when dealing with employees who present with a mental impairment.

Adjusting their premises, acquiring new equipment, allocating certain duties to other colleagues, is something employers have been doing for nearly 25 years now, however when it comes to dealing with a mental impairment many employers simply do not know where to begin and regrettably some employers do not have any desire to fulfil their duties under the legislation.

For those of you who have a mental impairment and meet the test of disability to be covered by the Act, it is important that you realise that you have rights. Your employer is required to consider whether or not it should make reasonable adjustments to your working environment. It is imperative that you take ownership of the issue and set out what you require to assist your employer, through Human Resources, Occupational Health or expert healthcare professionals in making an assessment. Your employer is required to consider what disadvantage you are experiencing in the workplace, the effectiveness of the adjustment you require and the practicality of the adjustment. Your employer will want to investigate the cost to the business in financial terms and any potential disruption to business activity. If you feel that your employer has failed to make reasonable adjustments for you, you may pursue a legal remedy in the Industrial Tribunal.

For those of us who do not have a mental impairment, today is the perfect time to remember that not all disabilities are visible and to reflect on what we can do personally as colleagues and perhaps employers to support and champion the rights of those who do. It may be something as simple as offering a listening ear to someone diagnosed with Depression, assisting a colleague whose cognitive function is impaired with a memory task, or with their reading, writing a report if they have been diagnosed with Dyslexia.

For employers, the best way to ensure fair treatment of those with a mental impairment and compliance with the law is to include those with a mental impairment in your decision making processes whether that is in monitoring recruitment and selection procedures, training, promotion opportunities and pay structures. Messages of inclusivity need to come from senior members of management with mentoring schemes in place to support individuals with the promotion of role models. It is only by taking these measures which are not exhaustive, that the stigma of having a mental impairment and the “disability gap” will be eliminated.

Action Your Will and help saves lives

Fri, 13 Nov 2020 12:45:30 GMT

Ann Kinder, Managing Partner & Leah Deehan, Trainee Solicitor of Donnelly & Kinder joined Action Cancer to launch the charity’s ‘Action Your Will’ campaign. Participating solicitors across the province are waiving their fees for basic wills for a month of their choosing. In lieu of payment, clients’ donations will help Action Cancer’s therapeutic support services and unique breast screening service.

It is estimated that 70 per cent of the adult population in Northern Ireland do not have a Will.

Mark Jones Corporate Fundraising Executive with the charity said, “We are delighted to have the support and generosity of so many solicitors here in Northern Ireland, including, Donnelly & Kinder. These solicitors can accommodate will writing, free of charge to their clients in a month of their choice. All donations in lieu of will writing will directly support Action Cancer’s unique breast screening service and important counselling and therapeutic services. It’s been a particularly hard time for the charity due to the pandemic, so we really appreciate the generosity shown by all the firms”

Ann Kinder, Managing Partner of Donnelly & Kinder said, “The work of Action Cancer positively impacts the lives of thousands of people across Northern Ireland every year and we believe during such unprecedented times, it is more important than ever to support our local charities. At Donnelly and Kinder Solicitors, we have over twenty years of will writing expertise which we are proud to offer, whilst also helping to support Northern Ireland’s leading local cancer charity.”

Action Cancer is Northern Ireland’s leading local cancer charity and all money raised stays in Northern Ireland, helping support people with cancer in YOUR local community.

For a list of participating solicitors or to find out more, log onto http://www.actioncancer.org/Get-Involved/Events/Appeals/Action-Your-Will or contact Mark Jones at Action Cancer on 028 9080 3345 or mjones@actioncancer.org .

Employment Status

Mon, 09 Nov 2020 12:55:31 GMT

There are three main types of employment status for employment law purposes – employee, worker and self-employed person/contractor.

Employees have more rights and responsibilities than workers and at common law, certain terms are implied into every contract of employment, but not into other employment relationships. It is therefore crucial that the courts accurately determine an individual’s employment status, as this will dictate their employment rights.

There have been a number of recent high profile cases, to include Pimlico Plumbers Ltd & Anor v Smith [2018] and Uber v Aslam & others [2018] which have scrutinised the issue of employment and worker status.

In the recent case of Gorman v Terence Paul (Manchester) Ltd [2020] an Employment Tribunal found that a ‘self-employed’ hairdresser was in fact an employee, despite the Claimant being responsible for keeping her own accounts and filing tax returns.

Several of the leading cases have arisen out of the ever expanding “gig economy”, which has highlighted the importance of the correct classification of employment status in an environment where parties increasingly seek flexibility in working relationships.

The Courts have increasingly looked behind the label given to a contract and considered the actual nature of the relationship between the parties, taking into consideration factors such as mutuality of obligations, the degree of control exercised by the employer and the right of an individual to send a substitute. The above-mentioned decisions show that the Courts will not simply accept a false or inaccurate labelling of a contractual relationship, which results in individuals losing out on rights and protection they are in fact entitled to.

Should you have any concerns in relation to your employment status and your entitlement to certain rights e.g. holiday pay, sick pay or the right not to be unfairly dismissed, please contact our office on 02890244999 or by email info@donnellykinder.com and ask to speak to a member of the Employment Department.

Cancer in the Workplace

Thu, 01 Oct 2020 14:43:14 GMT

Industrial Disease - Workplace Cancer

We hope that UK workers will benefit from any such Directive and won’t suffer a detriment compared to European workers.

Donnelly & Kinder Solicitors have assisted workers obtain compensation as a result of developing cancer in the workplace.

If you believe you have had exposure to dangerous chemicals you should get in touch with our Industrial Disease Team on 02890244999

https://ec.europa.eu/social/main.jsp?langId=en&catId=89&newsId=9782&furtherNews=yes

Limiting Personal injury compensation will not reduce Insurance Premiums

Thu, 01 Oct 2020 13:44:17 GMT

Personal Injury Compensation Claims

There is "no evidence" that capping personal injury pay-outs will lead to lower insurance premiums, the Law Society of Ireland has said today.

For many years now insurance companies have been arguing that if claims were reduced in volume and level of damages then insurance policies will reduce in price. Despite Insurance companies huge profits for many years, there has been little or no reduction in the cost of premiums.

Insurance Companies are in the business of making money, they make more money by not paying proper compensation.

I f you have been involved in an accident that was not your fault contact our specialist Personal Injury Solicitors on 028903244999

https://www.irishlegal.com/article/no-evidence-that-capping-personal-injury-pay-outs-will-lower-insurance-premiums

World Alzheimer's Day

Mon, 21 Sep 2020 11:33:10 GMT

Today is World Alzeimer’s Day, part of an international campaign marking every September as World Alzeimer’s Month.

The focus is on raising awareness of the global challenge of Dementia. There is no cure for this condition but there is an abundance of help and support available for people with Alzeimer’s disease, their family and carers.

Alzeimer’s Disease International state that there is one new case of Dementia worldwide every three seconds. Furthermore, nearly 80% of the general public worry about developing Dementia at some stage in their lives.

Dementia should not be stigmatised. The impairment of memory and other mental functions can have legal implications in regard to a person’s capacity to deal with their affairs.

The Elder Law Team at Donnelly & Kinder can provide legal support to help improve the lives of Dementia sufferers and their families.

Call our Elder Law Team on 02890244999 .

Compromise Agreements

Sat, 12 Sep 2020 14:54:31 GMT

What you need to know

If you are facing potential dismissal, to include by reason of redundancy or there has been a breakdown in the working relationship your employer may ask you to sign what is known as a Compromise Agreement (known as Settlement Agreements in GB). Compromise Agreements are used by employers where they are paying a sum of money to employees on termination of employment and the main purpose of these Agreements are to draw a line under the employment relationship and prevent employees from pursuing legal claims against their employer.

For a Compromise Agreement to be binding, employees must have the opportunity to take independent legal advice on the terms and effect of the Agreement. Employers will normally be responsible for any legal fees incurred by employees in this regard.

We are experienced in providing advice and representation in relation to Compromise Agreements so please get in touch if you need advice in this area.

Securing Your Future

Tue, 08 Sep 2020 11:02:11 GMT

Vibration Related Injuries

Tue, 07 Apr 2020 13:25:46 GMT

Vibration Related Injuries

Damage can occur to the muscles and nerves in the hands and arms as a result of excessive exposure to vibration over prolonged periods. We have successfully represented a number of union members with regards vibration related injuries, specifically HAVS and CTS. The members that we have represented come from a varied background to include: grounds workers for local councils, mains and service layers, coach and airplane builders, vehicle body repair workers and road maintenance teams.

Who can claim?

In order to support a claim for vibration related injuries, a member must establish the following:

1. That they have worked with pneumatic, petrol or electric vibrating tools in the course of their employment.

2. That such work took place in the last 35 years.

3. That they suffer tingling, pins and needles, coldness and/or numbness in the hands or arms or white patches in the fingers or hands.

There are strict time limits for claims such as these and in the event that any member considers that they may have a claim for vibration related injuries we would urge them to utilise their union membership and seek immediate legal advice.

How much are they entitled to:

Vibration White Finger injuries generally attract awards for general damages up to £28,000.

Carpal Tunnel Syndrome injuries generally attract awards for general damages up to £42,000.

These awards are for general damages only and in addition to such sums it may be possible to make additional claims for any disadvantage on the open labour market and past or future loss of earnings.

Recent settlements:

Mr S was exposed to excessive vibration in his employment as a coach builder from 1995 to 2011 for the Defendant. He was required to work with pneumatic drills, rivet guns and air hacksaws. He was made redundant and was later diagnosed with HAVS which was attributed to his earlier employment. Liability was denied by the Defendant and a forensic engineer was instructed to prepare a liability report for the court. The engineer accepted that the Plaintiff would have had excessive vibration exposure in the course of his employment. Damages awarded: £90,000.

Noise Induced Hearing Loss

Tue, 07 Apr 2020 13:24:01 GMT

Noise Induced Hearing Loss

It has long been accepted that continual exposure to excessive levels of noise can cause damage to the ears by way of hearing loss and tinnitus. We have successfully represented a number of union members from a variety of backgrounds in cases of noise induced hearing loss.

Who can claim?

In order to support a claim for noise induced hearing loss, a member must establish the following:

1. That they have been exposed to excessive noise in the course of their employment.

2. That such work took place in the last 40 years.

3. That they suffer reduced hearing and or tinnitus (a ringing or buzzing in the ears).

There are strict time limits for claims such as these and in the event that any member considers that they may have a claim for noise induced hearing loss, we would urge them to utilise their union membership and seek immediate legal advice.

How much are they entitled to?:

Mild: Up to a maximum £17,500.

Moderate: Up to a maximum of £35,000.

Severe: Up to a maximum of £70,000.

Recent settlements:

Mr B, a retired member, was exposed to excessive noise in the course of his employment as a maintenance electrician from the mid 70’s to the mid 90’s. He worked in a noisy factory without the provision of adequate hearing protection and by reason of noise exposure contracted mild hearing loss and slight tinnitus. Medical evidence was obtained and the expert considered that the Plaintiff suffered from hearing loss and tinnitus 60% of which related to his previous employment. Court proceedings were issued. Liability was denied by the Defendant and an acoustic engineer was instructed to prepare a liability report. The engineer accepted that the Plaintiff would have had excessive noise exposure in the course of his employment without the provision of adequate protection. Damages awarded: £11,250.

Personal Injury Claims

Tue, 07 Apr 2020 13:20:56 GMT

Personal Injury Claims

We help Union members who have been injured when at WORK, on the ROAD or in a PUBLIC PLACE

Types of Cases

Lifting and carrying

Slipping on wet floors

Tripping

Falls from heights

Accidents involving machinery

Road traffic accidents

Types of Injuries

Back and Neck injuries

Burns

Head injuries

Crushed limbs

Broken bones

Cuts and Scarring

ACCIDENTS AT WORK

Is your employer or another employee at fault for your accident? If so you may be entitled to compensation.

DUTY OF CARE

The employer has a duty to

1.Maintain the work place, work equipment and systems of work
They have to provide.

• safe access through the workplace ie: keeping rubbish off floors, providing designated walkways and ensuring floors are in good condition

• appropriate temperature in work – not too hot or too cold

• good lighting in the workplace

• work equipment that is well maintained and in a safe condition for use.

2. Assess the Risk of Injury

They have to make a suitable and sufficient assessment of the risks to Health and Safety of employees.

3. Provide Personal Protective Equipment (PPE)

If there is a risk of injury and that injury could be prevented by using PPE the Employer must ensure suitable PPE is provided.

4. Avoid the need for Manual Handling

The employer has to avoid the need for manual handling if possible but if not possible they have to reduce the risk of injury by training or ensuring help is provided to lift.

CASE STUDIES

A member was at work when he was struck by a piece of broken equipment. The member was medically retired early resulting in loss of earnings and loss of pension. Damages awarded: £225,000.

A member was walking through the workplace and slipped on water that came from a hole in the roof. He was knocked out and sustained a head injury. Damages awarded: £30,000.

A member was lifting a spring-loaded tail lift, the spring was broken causing the tail lift to be heavier than expected. The member injured his shoulder. Damages awarded: £15,000.

A member was walking through the workplace when he slipped on ice. He fell injuring his hand. Damages awarded: £12,500.

A member was clearing a blockage in machinery at work when the machine suddenly started operating. He sustained a crushing injury to his hand. Damages awarded: £20,000.

A member was hit by a forklift truck he was directing. He sustained injury to his ankle. Damages awarded: £37,500.

ROAD TRAFFIC ACCIDENTS

Have you or a member of your family been involved in a road traffic accident that was not your fault?

Donnelly & Kinder have extensive expertise in helping members and their families who have been injured in a road accident through no fault of their own or where the accident is partially their fault. We also help to claim compensation in circumstances where the party responsible for the accident is uninsured or even untraceable, for example in a hit and run scenario.

Donnelly & Kinder deal with all kinds of Road Traffic Accident including:

• Car Accidents

• Motorcycle Accidents

• Work related vehicle accidents

• Bicycle Accidents

• Pedestrian Accidents

• Passenger Accidents

We aim to reduce the stress following an accident by providing a holistic approach to each claim.

Our services are entirely tailored to each case and might include:

• Arranging medical treatment.

• Commissioning an assessment of damage to your vehicle.

• Securing vehicle repair or replacement.

• Seeking compensation for any injuries sustained.

• Recovering any loss of earnings.

• Recovering any out of pocket expenses such as private medical treatment.

In all cases we aim to recover compensation for our clients as efficiently as possible so that they are able to put the accident behind them quickly.

CASE STUDIES

A member was knocked down when walking to work and sustained serious leg injuries. Police didn’t investigate properly and the insurers denied liability. Donnelly & Kinder lodged a complaint to the Police Ombudsman which resulted in the police officer being disciplined and insurance company accepting liability. Damages awarded: £57,000.

A member was riding his bicycle along a cycle path that was covered in mud. His bike skidded and he fell off injuring his shoulder. Damages awarded: £10,000.

A member was driving a work vehicle when the windscreen fell in on him. He injured his face, neck and back. Damages awarded: £17,500.

A bus driver member was driving his bus around a roundabout when he was hit by a car. He sustained a back injury. Damages awarded: £7500.

A member on his bike was stationary in the middle of road waiting to turn right when a car overtook him and hit the member as he proceeded with his right turn. Damages awarded: £20,000.

Pleural Plaques and Asbestos Related Illness

Tue, 07 Apr 2020 13:10:48 GMT

Pleural Plaques and Asbestos Related Illness

Asbestos is considered one of the most toxic materials to have been used in construction and industry in the last century. Asbestos has historically been used in a range of industries throughout the jurisdiction and we have represented a large number of members ranging from Shipbuilders to Factory fitters in cases ranging from Pleural Plaques to Mesothelioma.

Who can claim?

In order to support a claim for an asbestos related injury, a member must establish the following:

That they have been exposed to asbestos in their employment.
That they have been diagnosed with an asbestos related illness.

How much are they entitled to:

Awards for Pleural Plaques ordinarily attract awards up to £15,000.

Awards for asbestosis usually attract awards in the region of £21,000 to £85,00 0 dependant on the severity of the condition.

Cases of mesothelioma range in value up to £130,000.

Recent settlements:

Mr C was employed as a an electrician, in the course of his employment he has to remove old asbestos to feed wires and cabling when undertaking renewal works for his employer. A routine examination established that he was suffering from Pleural Plaques and he contacted his union for advice. He was referred to Donnelly & Kinder and correspondence was sent to the defence outlining his action. Medical evidence was obtained and a report confirmed the condition. Damages awarded: £12,500.

The family of deceased Mr M brought a case for asbestos related mesothelioma against his previous employers when it became apparent that their late father suffered from the condition. The Plaintiff had a wide and varied career and there were a number of defendants. Medical evidence established the condition. Damages awarded: £100,000.

What to do in a road traffic accident?

Tue, 07 Apr 2020 12:09:28 GMT

What to do in a RTA.

What to do when involved in a road traffic accident:-

Call the police if anyone involved is injured. Assess whether an ambulance is required.
If the other driver failed to stop or if the road is blocked, then you should call the police immediately. Take a note of the police incident number before leaving the scene.
record the make, model, colour but most importantly the registration of the vehicles involved in the accident.
Take photographs of the vehicles and the damage they have sustained.
Record the names and contact details (address and mobile numbers) of independent witnesses regardless of whether the police took statements from them or not.
Exchange insurance details with the other driver(s).
Record the date/time of the accident and the name of the road where it happened.
If the accident was not your fault and your vehicle is not roadworthy, Call 02887753220 . Your vehicle will be recovered and if required a replacement car will be provided, at no cost to you
If you car is roadworthy call 02890244999 as soon as possible and we will take care of everything for you, without the need to pay an insurance excess.

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High Court Judgement in Hand Arm Vibration Case

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Cancer in the Workplace

Limiting Personal injury compensation will not reduce Insurance Premiums

Personal Injury Compensation Claims

World Alzheimer's Day

Compromise Agreements

What you need to know

Securing Your Future

Vibration Related Injuries

Vibration Related Injuries

Noise Induced Hearing Loss

Noise Induced Hearing Loss

Personal Injury Claims

Personal Injury Claims

Pleural Plaques and Asbestos Related Illness

Pleural Plaques and Asbestos Related Illness

What to do in a road traffic accident?

What to do in a RTA.