As Blue Lights returns, it's time to 'take a beat' from trying to work out where that scene was filmed and debrief with the Friday Round-up!
This week's top 5:
- Staff assaults now at 'epidemic level'
- Childcare cost protesters tell Executive 'enough is enough'
- Toolkit launched to help NICS managers support neurodivergent staff
- Post Office victims from NI to have names cleared
- TUC: The AI Bill Project
And in other news............... “We need a shift in culture so that every single instance of sexual harassment is investigated and dealt with.” Tarana Burke, #MeToo founder.
Join Seamus McGranaghan and Christine Quinn as they hear from one of the author's of the new LRA & ICTU Sexual Harassment Guidance at the next FREE Employment Law at 11 WEBINAR on Friday 3rd May - REGISTER NOW!
- Case Law Reviews
- AI and Employment Law
- Diversity & Inclusion
- Recruitment & Retention
- Northern Irish retailers on 'brazen' shoplifting and staff assaults now at 'epidemic level'
- Post Office victims from NI to have names cleared under new law
- Just in Case You Missed It...
- HR Developments
- Employment News in the Media
- GB Developments
- Health and Safety Developments
- Free Webinars This Month
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1. Case Law Reviews
Sullivan v Isle of Wight Council [2024] EAT 3
Summary Description: Tribunal had no jurisdiction to hear a claim of detriment relating to a protected disclosure where the individual was an external job applicant because they did not have worker status.
Claimant: P Sullivan
Respondent: Isle of Wight Council
Keywords: Protected Disclosure; Job Application
Practical Guidance for Employers:
This case demonstrates that there is no specific protection for external job applicants in comparison to internal job applicants. This was first in relation to protected disclosures and secondly in relation to the rights that may arise under the European Convention on Human Rights. This can be taken into account by employers should there be issues raised by job applicants about the process and the potential effect it could have.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/april/sullivan-v-isle-of-wight-council-2024/
Wilson v The Alliance Party of Northern Ireland [2024] NICA 12
Summary Description: The decision to refuse an adjournment was upheld where the appellant could not show that it would affect his right to a fair trial with all things considered.
Claimant: Geoffrey Wilson
Respondent: Alliance Party of Northern Ireland
Keywords: Age Discrimination; Political Belief; Tribunal Procedure
Practical Guidance for Employers:
An interesting case largely centring upon more procedural elements of the Tribunal. The Court of Appeal provides useful guidance when it comes to whether a refusal of adjournment can be challenged in the Court of Appeal or if there is apparent bias relating to a need for the Judge to recuse themselves. Both of these arguments were rejected but the guidance is very useful for cases that would be closer to the line. Additionally, the Court of Appeal did examine the arguments vis-à-vis Article 2 of the Windsor Framework but it would be interesting to see this in light of the ‘Safeguarding the Union’ agreement which has stated that the Windsor Framework only relates to Trade.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/april/wilson-v-the-alliance-party-of-northern-ireland-2024/
These case reviews were written by Jason Elliott BL. NI Tribunal decisions are available on the OITFET website:
http://www.employmenttribunalsni.co.uk/
If you have any queries or wish to comment on the reports please feel free to contact Jason at: jasondelliott@outlook.com
Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University. As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal. At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.
Remember: Our case law reviews are held in our case law section on our fully-searchable employment law hub website:
https://www.legal-island.com/employment-law-hub/case-law-search-page/
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2. AI and Employment Law
Honestly! Honesty is ChatGPT's most underrated characteristic in the workplace
Catch up on this week's AI podcast below:
The TUC says AI is rapidly transforming our society and the world of work, yet there are no AI related laws in place in the UK, nor any current plans to legislate soon. This paper sets out the background to the TUC Artificial Intelligence (Employment and Regulation) Bill (“the Bill”), the multi-stakeholder process behind the drafting, why the Bill is needed, and how it could improve the rights of working people:
https://www.tuc.org.uk/research-analysis/reports/ai-bill-project
EU AI Act: What does it mean for employers?
Described by the EU as “the world’s first comprehensive legal framework on AI worldwide”, the EU AI Act has now been formally adopted by the European Parliament. We’re no longer in the EU – why does it matter? The intention of the AI Act is to protect people in the EU who are affected by AI systems. This means that the Act not only applies to employers located in the EU that use AI systems, but also applies to those located in non-EU member states where the output of that system is used in the EU. In the employment context, in scope examples might be recruitment exercises managed from the UK, using AI tools for sifting, which are open to applicants from the EU. James Davies from Lewis Silkin outlines what employers should be aware of:
https://www.lewissilkin.com/en/insights/eu-ai-act-what-does-it-mean-for-employers
Why are UK firms struggling to recruit AI experts?
A new extensive global job market report* has highlighted that the UK is rapidly falling behind in recruiting and attracting AI experts. The report shows the number of vacancies and applicants in the US, Canada, the EU and the UK and the data shows that France and Spain are currently leading the world in recruiting AI experts. More from the HRDirector:
https://www.thehrdirector.com/business-news/ai/uk-firms-struggling-recruit-ai-experts/
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3. Diversity & Inclusion
‘Back in your day’ could be discriminatory, rules judge
Saying ‘back in your day’ to an older colleague could amount to ‘unwanted conduct’ an employment judge has written in a tribunal decision. Presiding over a case involving a nursing assistant working in Kent, employment tribunal judge Patrick Quill said that the “barbed and unwelcome” expression used to highlight an age gap between co-workers could amount to “unwanted conduct”. Older workers may sue under discrimination law over the use of the comment because it “related to age”, he added. More:
https://www.personneltoday.com/hr/back-in-your-day-age-discrimination/
Toolkit launched to help NICS managers support neurodivergent staff
The Northern Ireland Civil Service has launched a “neurodiversity line manager’s toolkit” to help create a more inclusive working environment for neurodivergent civil servants. The toolkit aims to improve managers’ understanding of neurodivergence and how they can best support neurodivergent staff, as well as their legal obligations under the Disability Discrimination Act. It includes information on common workplace challenges faced by people with autism, ADHD, dyspraxia and dyslexia, alongside common strengths and advice on how to support people with each condition. To read more on what they are doing, find out here:
https://www.civilserviceworld.com/professions/article/nics-launches-neurodiversity-line-managers-toolkit
Childcare cost protesters tell Executive 'enough is enough'
More than 1,000 parents and children have demonstrated in Belfast over rising childcare costs. The colourful protest saw the demonstrators marching through Belfast with balloons, placards and prams, calling for immediate supports for parents. Currently, parents in Northern Ireland can use some supports including tax credits. However, there is no scheme in place for free childcare in Northern Ireland, unlike in England where 30 hours are offered per week. More from Belfast Live:
https://www.belfastlive.co.uk/news/belfast-news/childcare-cost-protesters-tell-executive-29031462
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4. Recruitment & Retention
BCC: hiring difficulties easing but significant concerns persist
- The latest quarterly survey of more than 4,600 UK firms of all sectors and sizes, by the British Chambers of Commerce (BCC) Insights Unit, reveals hiring problems have eased:
- 66% of responding firms say they’ve faced challenges finding staff, the lowest percentage in three years
- Companies in the production and manufacturing sector are the most likely to report challenges in hiring staff (70%)
- 62% of companies attempted to recruit in the quarter
Employers in NI struggling to fill vacancies and retain staff
Recruiting and retaining staff has been a constant struggle since the end of the Covid-19 pandemic. A survey this week from the Northern Ireland Chamber of Commerce suggested two thirds of its members in the service sector faced recruitment difficulties in the first quarter of this year. In manufacturing it was almost 80%. More from the BBC:
https://www.bbc.co.uk/news/uk-northern-ireland-68859088#:~:text=Recruiting%20and%20retaining%20staff%20has,first%20quarter%20of%20this%20year
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5. Northern Irish retailers on 'brazen' shoplifting and staff assaults now at 'epidemic level'
Retail NI unveiled its 'Working Together' report at the Long Gallery at Stormont, which set out plans to tackle increasing retail crime, which it says has now reached an epidemic level. Survey results of Retail NI members showed:
- 67% of retail staff victim of violence and threats.
- 51% have staff who have left because of assault and verbal abuse.
- 91% have experienced shoplifting on a regular basis.
- 72% are pleased with police response but 91% of those responded were disappointed with follow up.
Belfast Live has more:
https://www.belfastlive.co.uk/news/northern-ireland/northern-irish-retailers-brazen-shoplifting-29044599
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6. Post Office victims from NI to have names cleared under new law
Twenty-six postmasters from Northern Ireland who were wrongly convicted in the Post Office scandal are set to have their names cleared under new legislation. Hundreds of sub-postmasters across the UK were prosecuted after faulty computer software calculated that money was missing from post office branches. Affected postmasters across the UK will have the option of accepting a fixed-sum offer of £600,000 after their conviction is quashed. More from the BBC:
https://www.bbc.co.uk/news/uk-northern-ireland-68872703
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7. Just in Case You Missed It...
Uncomplicating Diversity and Inclusion
Imagine a workplace where every voice is heard, every person can bring their perspectives, and they feel like they are at home. This is the heart of an inclusive workplace. In a world that is brimming with diversity and in today's constantly evolving workplaces, it’s more important than ever to talk about diversity and inclusion (D&I). Preeti Dwivedi has more:
https://www.legal-island.com/articles/uk/features/hr/2024/april/uncomplicating-diversity-and-inclusion/
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8. HR Developments
Triple dividend: How workplace volunteering can make us happier, healthier and more productive
Employers are struggling to find solutions to boost both their employees’ wellbeing and their productivity, as the UK economy fights to pull itself out of the doldrums. Growth is sluggish at best, and the nation’s failing health is holding it back. Workplace volunteering – where employers use policies and processes to support their employees to participate in volunteering during work time – offers a potential triple dividend that could help to tackle this challenge: it can help employees’ wellbeing; support higher productivity for employers; and help charities to tackle some of the biggest challenges facing society. More from Pro bono economics:
https://www.probonoeconomics.com/triple-dividend
How long can employees be signed off work with stress?
Work-related stress is a concern many business owners have regarding employees. Stress is something that many people have to deal with from time to time, sure, but when it reaches a breaking point, it can have disastrous implications for mental health. But where’s the line when offering support, and what does that support entail, and for how long? This article from Real business looks at employees’ rights to time off over poor mental health, the employer’s legal responsibilities (from a GB perspective), and how to navigate this problem that the business world is becoming more aware of:
https://realbusiness.co.uk/how-long-signed-off-with-stress
Harnessing the power of employee voice in the modern workplace
The importance of VoE extends far beyond employee satisfaction. It’s a cornerstone for organizational success. VoE plays a crucial role in shaping your company culture, fostering innovation, and improving decision-making. By actively listening to and incorporating employee feedback, you unlock a wealth of insights that can drive performance and give you a competitive edge. More from HRD Connect:
https://www.hrdconnect.com/2024/04/19/harnessing-the-power-of-employee-voice-in-the-modern-workplace/
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9. Employment News in the Media
Passengers at Heathrow, the UK’s busiest airport, face “major disruption” as 800 members of the Unite union prepare to walk out for a week. Unite is calling out firefighters and staff in airside operations, passenger services, trolley operations and campus security from Tuesday 7 May to Monday 13 May. The dispute is over plans for outsourcing what the union calls “hundreds of roles” in an exercise designed to save £40m. More from the BBC:
https://www.independent.co.uk/travel/news-and-advice/heathrow-airport-strike-dates-may-2024-b2533755.html
Solicitor apprentice, Forzana Khanom, who failed in an employment claim after showing “complete and utter disregard” for the tribunal and her former law firm had her case dismissed after she disregarded the tribunals orders in a “persistent, long-lasting, and egregious” manner. The final straw appears to have come when Khanom failed to turn up to a case management hearing, only notifying the court 25 minutes beforehand that she couldn’t join the hearing “because she was at the airport about to board a flight for a family trip abroad to celebrate her birthday”. To make matters worse, she has been handed a £7,200 costs order. Legal Cheek has more on this:
https://www.legalcheek.com/2024/04/solicitor-apprentice-slapped-with-costs-order-after-showing-complete-and-utter-disregard-for-employment-tribunal/
A primary school teacher who taught her pupils how to use TikTok was sacked, an employment tribunal heard. Georgia Rogers started teaching at West Grantham Church of England Primary Academy in Grantham, Lincolnshire, in September 2019. The hearing was told on the last day of term in July 2021, the pupils in the teacher’s year five class “wanted to show her a TikTok dance”. She has now been fired as she breached the school's safeguarding procedure by failing to report her pupils use of the app, an employment tribunal heard. More from the Mirror:
https://www.mirror.co.uk/news/uk-news/primary-school-teacher-sacked-teaching-32627110
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10. GB Developments
Employment law is a devolved power in Northern Ireland. The items in this section apply throughout GB only (Scotland and England & Wales) unless we specify they apply to NI.
Shared Parental Leave and Pay (Bereavement) Bill 2023-24 [formerly the Shared Parental Leave and Pay (Bereavement) Bill]: Progress
This Bill would make changes to the GB Employment Rights Act 1996, removing the continuity of employment test for the surviving partner to take Paternity Leave in the case where a child’s mother (or adopting parents) dies. Such changes would, if made, mean that, in GB, access to Paternity Leave became a day one right for partners of a mother who has died, with no continuity of employment test. However, all the usual tests would continue to apply for Paternity Pay. The Bill had its first reading on 6 December 2023 and passed second reading on 26 January 2024. The Bill completed its committee stage on 20 March 2024. It is listed for remaining stages on Friday 26 April 2024:
https://commonslibrary.parliament.uk/research-briefings/cbp-9938/
The Childcare (Free of Charge for Working Parents) (England) (Amendment) (No. 2) Regulations 2024
This extends the periods of time within which parents who are starting work or returning to work from certain types of statutory employment leave (such as maternity, paternity, adoption or parental leave) can obtain a determination of their eligibility for free childcare in England and Wales:
https://www.legislation.gov.uk/uksi/2024/527/contents/made
Help for disabled people in England and Wales to get jobs is axed amid benefits crackdown
The £100m Work and Health Programme, operating in England and Wales, will end in the autumn, providers have been told, at the same time that Rishi Sunak wants to cut benefits for 420,000 sick and disabled people in an attempt to force them into work – a move that charities say would instead leave people destitute. The blow to disabled people comes after the prime minister unveiled a plan to hand power to officials with no medical training to decide whether an employee is sick, raising the possibility that decisions about workers’ health will be taken to hit targets rather than on clinical need. The Guardian has more on this story:
https://www.theguardian.com/society/2024/apr/21/help-disabled-people-england-wales-jobs-axed-benefits-crackdown
What could Usdaw’s case against Tesco mean for fire and rehire in GB?
HR professionals are familiar with permanent and temporary employment. Temporary is for a fixed period and permanent means for an indefinite period until the contract is ended by dismissal or resignation. However in Usdaw v Tesco, the Supreme Court is looking at whether a ‘permanent’ term of the contract prevented an employer from dismissing at all. To find out more, read here:
https://www.personneltoday.com/hr/usdaw-case-against-tesco-fire-and-rehire/
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11. Health and Safety Developments
Union reps make building safety inspections of workplaces
Hundreds of trade union reps are inspecting workplace buildings this week for safety issues including RAAC, asbestos and fire hazards. The TUC has organised a nationwide inspection of workplace buildings, with more than 600 union health and safety reps taking part. The full extent of buildings containing reinforced autoclaved aerated concrete (RAAC) is not yet known but it has already been identified in thousands of public buildings, including hundreds of schools and hospitals. More from Personnel Today:
https://www.personneltoday.com/hr/building-safety-inspections-raac-asbestos-cladding-tuc/
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12. Free Webinars This Month
Employment Law at 11 - With O'Reilly Stewart Solicitors
Friday, 3rd May 2024 (11:00am - 11:45am)
May's topic is Harassment in the Workplace
“We need a shift in culture so that every single instance of sexual harassment is investigated and dealt with.” Tarana Burke, #MeToo founder
So says the introduction of the new guidance “Eliminating Sexual Harassment from the Modern Workplace” produced by the Labour Relations Agency (LRA) and the Irish Congress of Trade Unions.
Christine and Seamus will hear from Claire Webb of the Labour Relations Agency in what is sure to be an engaging discussion. Claire assisted in drafting the new guidance released just last month, so we’ll be hearing direct from her on its impact and implications. Join us and get up to date on the new guidance, best practice and what you can do to ensure your staff’s safety and reduce the risks to your organisation of costly claims.
Tell your HR colleagues and register individually or get your HR team around the computer and use the webinars as monthly group learning opportunities. Ask any questions (on employment law) and hear the answers live or catch up later when we upload both a recording and transcript of the discussion.
NOTE: – Send your questions in advance to maria@legal-island.com. Anonymity assured.
Register Now:
https://attendee.gotowebinar.com/register/69006887711988822?source=WR
Check out previous discussions:
https://www.legal-island.com/resources/any-questions-webinars/
Enjoy the weekend.
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