Northern Ireland

Those taking tribunal cases should employ lawyer, says expert after man represented by Jamie Bryson loses Michaela McAreavery 'vile' video case

Andrew McDade (left) was represented in the tribunal by loyalist activist Jamie Bryson
Andrew McDade (left) was represented in the tribunal by loyalist activist Jamie Bryson Andrew McDade (left) was represented in the tribunal by loyalist activist Jamie Bryson

Employment law and rules are becoming increasingly complex, with fewer and fewer claimants approaching industrial or employment tribunals without at least a solicitor and more often a barrister, according to an expert in the field.

Scott Alexander, a mediator formerly with the Labour Relations Agency and employment law specialists Legal Island, was speaking after a tribunal panel ruled against a former member of the Orange Order who claimed he was unfairly dismissed.

Andrew McDade, from Portadown, Co Armagh, was dismissed from his job as a lorry driver for the Norman Emerson Group after he streamed a "vile" video of a song about the murdered Co Tyrone woman Michaela McAreavey.

He was represented at the industrial tribunal by loyalist activist Jamie Bryson. Bryson's consultancy firm, JWB, says it provides PR, paralegal and advocacy services as well as "quality representation" in industrial/fair employment tribunals.  

Jamie Bryson, who represented Andrew McDade . Picture by Liam McBurney/PA
Jamie Bryson, who represented Andrew McDade . Picture by Liam McBurney/PA Jamie Bryson, who represented Andrew McDade . Picture by Liam McBurney/PA

Mr Alexander said anyone who stands as a representative in an Industrial tribunal needs knowledge of the law and procedures, though adding he was not aware of the details of this particular case.

Read More: 'Misconceived and without merit' - Man who streamed Michaela McAreavey video loses unfair dismissed claim

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It is almost better for a claimant to be unrepresented than have a representative who “does not know what they are talking about”.

A claimant with no representative is given a lot more support and more time as the tribunal wants to ensure a level playing field, said Mr Alexander. 

"If you are (a representative) going up against someone who knows the system, you have to ask the right questions and know the law," he added. A representative, unlike a claimant, is expected to know the law, increasingly complex in relation to employment.

While Mr Alexander said he was not aware of the details surrounding Mr Bryson’s representation of Mr McDade, he was aware of the loyalist activist more generally, describing him as someone with strong opinions on many issues, referring to his active social media presence.

“Only the Irish News could come up with such a silly story. I act regularly in the employment tribunals and other non-reserved areas, and in fact attend the regular users representative group," Mr Bryson responded.

“Clients are entitled to instruct whomsoever they wish in this area and this Irish News effort to somehow undermine my representation of a range of clients in this arena is patently obvious and the agenda is transparent. 

“I have practiced before the tribunal, and many other tribunals, for many years. This pathetic effort to somehow attack my credibility is predictable and unsurprising.”

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During the hearing last month, Mr Bryson faced Frank O’Donoghue KC, also the lead counsel for the BBC and Adam Smyth in the case brought by former presenter Donna Traynor, which was settled last week.

Mr  O’Donoghue claimed in the tribunal hearing Mr Bryson was being instructed by Portadown Orange Lodge. He questioned whether the Orange Order was paying him to represent Mr McDade.

Mr Bryson responded by saying he represented clients from “both sides of the community”. He said he had not received a penny from the Orange Order and took instructions solely from Mr McDade.

Mr McDade attended the event marking the Northern Ireland centenary at Dundonald Orange Hall on May 28 2022. He livestreamed a four-minute clip on Facebook which included a group loudly mocking Ms McAreavey’s death.

The 27-year-old daughter of Louth football manager and former Tyrone boss Mickey Harte was murdered after reportedly disturbing burglars in a hotel room in Mauritius in 2011. She was on her honeymoon after marrying husband John just ten days earlier.

John and Michaela McAreavey.
John and Michaela McAreavey. John and Michaela McAreavey.

After issuing a public apology, Mr McDade faced a company investigation by the gravel supplier, who sacked him for gross misconduct on June 10 2022.

Mr McDade’s partner, nursing assistant Rhonda Shiels, filed a separate case claiming unfair dismissal by her employer, the Southern Health and Social Care Trust.

Andrew McDade pictured with partner Rhonda Shiels in an image previously posted to social media.
Andrew McDade pictured with partner Rhonda Shiels in an image previously posted to social media. Andrew McDade pictured with partner Rhonda Shiels in an image previously posted to social media.

She was not at the event but shared the Facebook Live recording. Judgment has not yet been delivered in her case.

Mediator Scott Alexander
Mediator Scott Alexander Mediator Scott Alexander

In a written ruling, the three-judge panel led by The Industrial and Employment Tribunals president Noel Kelly described Mr McDade’s claim as “always misconceived and without merit”.

They described the singing of the song by a large group of people and applause as a “truly disgraceful event and reminiscent of a Munich Bierkeller in the 1930s”.

“Persons not singing had laughed at the lyrics and had clapped. Others gave stiff arm salutes,” they said, but added the decision had been based on the correct legal tests.

They said they were satisfied the respondent had adopted a fair procedure in both investigating and in determining this matter, and that the decision to summarily dismiss the claimant was a “decision which had been well within the range of reasonable responses open to the respondent in all the circumstances of this case”.

“Any reasonable employer, given the conduct of the claimant and given the clear and undisputed damage to both customer relationships and workforce relationships could, and in fact would, have summarily dismissed the claimant in all the circumstances of this case,” they concluded.