In the words of the Beatles "Little darlin', it's been a long, cold, lonely winter"... but ..."Here comes the sun, Here comes the sun, And I say, it's alright..."
This week's top 5:
- One in three carers forced to give up work early
- Workday accused of AI discrimination against applicants
- 71% earning Real Living Wage for those in low skilled jobs
- Academics employed on gig-economy style contracts decision has wider implications
- The LRA are recruiting for a new Chief Executive
And in other news...............there's still time to join Seamus McGranaghan of O'Reilly Stewart Solicitors as he discusses Neurodiversity and Menopause in the Employment Law at 11 Equality Matters Special THIS MORNING! Register NOW!
- Case Law Reviews
- AI and Employment Law
- Serco Leisure told to stop using facial recognition technology to monitor employees
- Health staff and civil servants offered 5% rise
- Women & Work
- Work Quality in Northern Ireland Statistics
- More people in early 20s out of work from ill health than early 40s
- Just in Case You Missed It...
- HR Developments
- Employment News in the Media
- GB Developments
- Health and Safety Developments
- Friends of Legal Island
- Free Webinars This Month
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1. Case Law Reviews ⚓︎
Martin v Forbes [2024] NIIT 21619/23
Summary Description: Unlawful deduction from wages claim successful where part of the payment was held back with no lawful reason.
Claimant: Kevin Martin
Respondent: Harry Forbes
Keywords: Breach of Contract; Unlawful Deduction from Wages
Practical Guidance for Employers:
It goes without saying that employees should be paid for the work that has been completed. A further point is the extent to which there are employers who do not give written statement of particulars to employees when they begin. This creates a ‘penalty kick’ scenario when an issue does arise for claimants in the Tribunal.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/feb/martin-v-forbes-2024/
Logo v Payone GmbH [2024] EAT 9
Summary Description: A move to solely German website and correspondence should have been dealt with by a merits hearing before the Tribunal rather than striking the indirect discrimination claim out.
Claimant: Logo
Respondent: Payone GmbH
Keywords: Indirect Discrimination; Race Discrimination
Practical Guidance for Employers:
A case relating to the procedure of the Tribunal and whether there should be a full analysis vis-à-vis indirect discrimination when it comes to having a full hearing. The EAT is noting here that the effect on the individual employee should be considered alongside the actual policy that is being implemented. This allowed for the appeal and the case to be remitted.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/feb/logo-v-payone-gmbh-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 ⚓︎
AI Podcast
In this week's episode, Barry Phillips shares his view on the five plug-ins most useful to HR:
Workday accused of AI discrimination against applicants
HR software giant Workday is facing a claim that it uses artificial intelligence tools that discriminate against job applicants. Applicant Derek Mobley has filed a complaint to a federal court in San Francisco claiming he has been turned down for more than 100 jobs he applied for using the Workday platform. Mobley is attempting to show that Workday has violated the US Civil Rights Act, which prohibits employment discrimination based on race, colour, religion, sex and national origin. Personnel Today has more:
https://www.personneltoday.com/hr/workday-ai-discrimination/
Companies need to get onboard the generative AI train
According to a recent BCG survey, 85% of the leaders of large companies plan to increase their AI budget in 2024. Almost all companies finally allow some use of generative AI - only half did so six months ago. The enthusiasm is reminiscent of the dot-com boom in the late 1990s, only now it's happening even faster. Yet, despite the excitement, implementation remains uncertain. The business world is divided into two camps: the "champions" and the "spectators." More from Forbes:
https://www.forbes.com/sites/sylvainduranton/2024/02/25/companies-need-to-get-onboard-the-generative-ai-train/?ss=ai
Cyberattacks are the No. 1 worry for business leaders—and AI may be able to help
Executives consider cyberattacks the top threat to their companies, and artificial intelligence only exacerbates the risk by helping hackers infiltrate computer systems more quickly and effectively. But AI can also help protect businesses as outlined by this article in Fortune:
https://fortune.com/2024/02/22/crowdstrike-ai-cybersecurity-hackers-defenses/
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3. Serco Leisure told to stop using facial recognition technology to monitor employees ⚓︎
The ICO’s investigation found Serco Leisure and the trusts have been unlawfully processing the biometric data of more than 2,000 employees at 38 leisure facilities for the purpose of attendance checks and subsequent payment for their time. They failed to show why it is necessary or proportionate to use FRT and fingerprint scanning for this purpose, when there are less intrusive means available such as ID cards or fobs. More from the ICO:
https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2024/02/ico-orders-serco-leisure-to-stop-using-facial-recognition-technology/
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4. Health staff and civil servants offered 5% rise ⚓︎
Healthcare workers and civil servants in Northern Ireland have been offered a 5% pay increase. They are the latest public sector pay offers to flow from Stormont's financial package. The healthcare offer includes a one-off payment of £1,505, while civil servants would receive a payment of £1,500. More from the BBC:
https://www.bbc.co.uk/news/uk-northern-ireland-68397210
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5. Women & Work ⚓︎
Women’s equality at work: UK slips down key index
The UK’s high gender pay gap has seen it fall four places on a key index that gauges equality in earnings at work. Previously 13th, the UK has fallen to 17th on PwC’s Women at Work index. This constitutes the largest fall of any OECD (Organisation for Economic Co-operation and Development) country. Across OECD countries as a whole, the average gender pay gap (the difference in median earnings between women and men) was 13.5%, found PwC. In the UK the figure was 14.5%. Read more:
https://www.personneltoday.com/hr/pwc-gender-pay-index/
Female carers in Northern Ireland forced to quit work
A lack of flexibility and support in the workplace is forcing many female carers out of work, research suggests. Based on a survey of 546 women with unpaid caring roles and focus groups, the study by Carers NI and Women's Regional Consortium found one in three carers had to give up work early. One in four had to cut their hours. BBC News has more here:
https://www.bbc.co.uk/news/uk-northern-ireland-68407592
Menopause Disability Discrimination – Employers Need To Make ‘Reasonable Adjustments’ For Women Going Through Menopause
The Equality and Human Rights Commission (EHRC) in England & Wales has recently issued guidance which has stated that menopause symptoms can be considered a disability and that employers could face a claim for disability discrimination if they don’t make “reasonable adjustments”. The EHRC stated that symptoms could amount to a disability if they have a significant and long-term effect on a woman’s ability to carry out their day-to-day work responsibilities. Employers are legally obligated to make reasonable adjustments for and to not directly or indirectly discriminate against disabled employees under the Equality Act 2010. More:
https://www.nelsonslaw.co.uk/menopause-disability-discrimination/
Seamus & Christine will be talking about the new GB EHRC guidance on menopause and best practice THIS MORNING at our FREE WEBINAR Employment Law at 11 - register here - https://attendee.gotowebinar.com/register/1179436662901327190?source=WR
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6. Work Quality in Northern Ireland Statistics ⚓︎
The latest Work Quality statistical publication was published by the Northern Ireland Statistics & Research Agency. Findings include:
- A greater proportion of females are in flexible work (61%), compared to males at 47%
- Employees aged 18 to 39 reported better opportunities for career development (65%) than employees aged 40 and over (54%)
- While almost all employees in high skilled jobs earned at least the Real Living Wage (95%), this figure dropped to 71% for those in low skilled jobs
You can find the full report here:
https://www.economy-ni.gov.uk/news/work-quality-northern-ireland-statistics-3
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7. More people in early 20s out of work from ill health than early 40s – study ⚓︎
People in their early 20s are more likely to be not working due to ill health than those in their early 40s, a report from the Resolution Foundation has found. Poor mental health among young people is on the rise, official figures show. One in 20 young people (5%) were economically inactive due to ill health in 2023, it said. More from the BBC:
https://www.bbc.co.uk/news/health-68399392
Doctors issue sick notes over phone as worklessness surges
Doctors, nurses and pharmacists are allowed to sign people off sick via a video or phone call, despite a surge in the number of out-of-work Britons, it has emerged. The revelation has prompted senior Tories to say that rules that allow the young to be signed off long-term sick must be tightened to tackle rising worklessness, reports MSN:
https://www.msn.com/en-gb/health/other/doctors-issue-sick-notes-over-phone-as-worklessness-surges/ar-BB1iVvKi
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8. Just in Case You Missed It... ⚓︎
Seamus says.........
1. Social Media Stresses
Another high-profile case in England, Higgs v Farmor’s School, once again shines a light on the issue of social media and clashing beliefs in the workplace. Our own home-grown social media cases – McDade and Shiels - illustrate that social media and work is not just a problem in England and Wales, it’s very much a factor in dismissals here in NI. Seamus will talk you through the latest caselaw and steps that you can take now to mitigate risks in your organisation.
https://www.legal-island.com/articles/uk/features/discussion/2024/february/social-media-stresses/
2. NEW YEAR, NEW LAW - Working Time Regulations
The amended Working Time Regulations came into force on 1st January 2024 – they provide express rights to carry over unused holiday, codify the caselaw in the area and clarify what amounts to normal pay for the 4-weeks ‘EU leave’. Seamus will guide you through the amendments, introduce you to the new guidance just published in both NI and GB and highlight what you need to do going forward.
https://www.legal-island.com/articles/uk/features/discussion/2024/february/new-year-new-law---working-time-regulations/
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9. HR Developments ⚓︎
Hybrid working is here to stay, so says HR
In recent years, businesses have had to adapt to the working arrangements to support their employees. A 2024 Gartner report found that while 41% of HR leaders believe employees’ connection to culture is compromised by hybrid work, 56% also admitted their technology solutions and strategy do not match their business needs i.e. those supporting communication and digital transformation. HRD Connect has more on this story:
https://www.hrdconnect.com/2024/02/23/hybrid-working-is-here-to-stay-so-says-hr/
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10. Employment News in the Media ⚓︎
The brewer of major beer brands including Carling, Coors and Madrí Excepcional has announced a new UK Equal Parent Leave Policy which will entitle all new parents to up to 52 weeks of leave regardless of gender or path to parenthood. All new parents will be offered up to 52 weeks of leave, 26 of which are fully paid, and a further 12 weeks fully paid for neonatal care if needed. More:
https://www.hrdconnect.com/2024/02/29/molson-coors-launches-equal-parent-leave-policy-in-the-uk/
Eamonn Holmes has defended Brendan Rodgers after the Celtic boss was accused of sexism for calling BBC reporter Jane Lewis a "good girl" during a tense interview. Rodgers, 51, has been labelled a "dinosaur" by the Scottish Feminist Network, who felt the language used by the ex-Liverpool boss was deliberately condescending. You can read more on this from Belfast Live:
https://www.belfastlive.co.uk/sport/football/football-news/eamonn-holmes-leaps-brendan-rodgers-28709266
The First Minister, deputy First Minister and Justice Minister have written a joint letter to Kevin Hollinrake, Minister for Enterprise, Markets and Small Business stating the legislation to reverse the convictions of sub-postmasters must also apply in Northern Ireland, reports the Executive Office:
https://www.executiveoffice-ni.gov.uk/news/statement-post-office-horizon-convictions
A 71-year-old primary school employee has won her age discrimination and unfair dismissal claim after her headteacher told her: ‘We’re not all going to be here forever’. An employment judge found that the comment was “inherently ageist” and was a clear reference to the claimant having passed retirement age and being unlikely, in the headteacher’s opinion, to work much longer. Personnel Today has more on this:
https://www.personneltoday.com/hr/age-discrimination-forever-ware-ealing-horsenden-primary-school/
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11. 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.
Increase In Tribunal Compensation Limits From 6 April 2024
The government has announced the annual increase in compensation limits for employment tribunal awards and other statutory payments. They are contained in The Employment Rights (Increase of Limits) Order 2024.
The two key increases are:
- maximum compensatory award for unfair dismissal: £105,707 to £115,115.
- limit on a week’s pay: £643 to £700.
At least those numbers will be easy to remember, even if the maximum compensatory award now sounds like the phone number for directory enquiries!
Other figures include:
- minimum basic award for some forms of unfair dismissal rises from £7,836 to £8,533.
- statutory guarantee pay increases from £35 to £38 per day.
The changes are subject to parliamentary approval. They are due to take effect from 6th April 2024.
What are the upcoming rules around enhanced redundancy protection for new parents?
From 6 April 2024, the Protection from Redundancy (Pregnancy and Family Leave) Act 2023 will come into force in GB only, providing enhanced protection from redundancy for new or expectant parents. According to government research used to guide the new Act, 77 per cent of mothers report negative, and possible discriminatory, behaviours from their employers throughout pregnancy, or during or after maternity leave. More from People Management:
https://www.peoplemanagement.co.uk/article/1862960/upcoming-rules-around-enhanced-redundancy-protection-new-parents
Government urged not to resurrect fees for GB employment tribunals
Unions and workers’ rights groups are urging the government to reconsider plans to reintroduce fees for GB employment tribunals amid fears it will encourage exploitation. A coalition of 48 organisations, including the TUC, Citizens Advice, Joseph Rowntree Foundation, the Fawcett Society and Maternity Action, said bringing back fees, which were ditched in 2017, meant “bad employers are being given the go-ahead to undercut good ones”. There have never been fees in NI tribunals, and there is currently no proposal to introduce them. More:
https://www.theguardian.com/money/2024/feb/26/employment-tribunal-fees-government-urged-return-unions
Oxford Academics on precarious contracts win employee status claim
Two academics at Oxford University employed on gig-economy style contracts for 15 years have won a claim over their employee status. Authors Rebecca Abrams and Alice Jolly taught the university’s creative writing Master’s course on fixed-term, “personal services” contracts. They claimed that the terms of these contracts meant they were employees, and as such should be entitled to workplace rights such as holiday pay. An employment tribunal upheld they should have been classed as employees, and a further hearing will be held to assess the implications of this ruling, which could have wider impacts across UK academia. Personnel Today has more here:
https://www.personneltoday.com/hr/oxford-academics-contracts-abrams-jolly/
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12. Health and Safety Developments ⚓︎
Making these 9 dangerous mistakes in the workplace could prove fatal
To encourage worker safety and accountability from employers, health and safety experts at Horizon Platforms has shared some common mistakes that could be hazardous to health and wellbeing. This provides guidelines relevant for both office and manual workers. Take a look:
https://www.thehrdirector.com/business-news/employee-experience/making-9-dangerous-mistakes-workplace-prove-fatal/
Decline is sleep quality is impacting employee productivity
New data from Champion Health’s Workplace Health Report 2024 unveils concerning sleep trends among UK employees. Shockingly, one in three workers rates their sleep quality as poor, impacting productivity. HR Director has more on this:
https://www.thehrdirector.com/business-news/health-and-wellbeing/decline-sleep-quality-impacting-employee-productivity/
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13. Friends of Legal Island ⚓︎
Chief Executive - Labour Relations Agency
The LRA’s Board are seeking to recruit a Chief Executive who will lead us through the next stage of our journey. This is an exciting and demanding opportunity requiring an exceptional leader to build on the Agency’s existing achievements in supporting the creation of a cohesive labour market and a thriving and inclusive economy.
We require a progressive and high performing leader who can clearly identify with our vision, values and purpose, and have a genuine passion for the work we do. If you are that person, and are interested in finding out more, then please visit our website www.lra.org.uk to obtain further information.
Job Ad: https://lra.getgotjobs.co.uk/registerJob/0318b0c6-5382-44f7-9455-10d6cd028cbb
And Legal Island would like to offer our best wishes to the current Chief Executive, Don Leeson, as he moves on to pastures new. We understand that he will remain in post until autumn. Best of luck Don!
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14. Free Webinars This Month ⚓︎
Employment Law at 11 - With O'Reilly Stewart Solicitors
Friday 1st March (11:00am - 11:45am)
Equality Matters Special
Register for the next webinar in the series, during which Christine Quinn from Legal Island will discuss:
- Neurodiversity in the workplace
Recent CIPD research shows that 1 in 5 neurodivergent employees have experienced harassment or discrimination at work, and only half say they would feel safe to talk about neurodiversity in their organisation. And case law is stacking up, demonstrating the importance of getting it right with your employees who are not neurotypical. Seamus takes you through best practice, and recent cases that need to be on your radar.
- Menopause and the workplace
8th March is International Women’s Day and we’re talking about something that will happen to all women one day – menopause. Women make up nearly 50% of the working population in Northern Ireland and with the change in pension age, it's likely that more women will be working later into life. So, employers need to consider how they can support women in the workplace, so they can hold on to their experienced staff members. Seamus talks you through the guidance, best practice and caselaw to be aware of.
Join Christine and Seamus and up to 500 participants as they discuss your employment law queries live in our webinar series, “Employment Law at 11”.
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 questions in live during the webinars or drop a line in advance to webinars@legal-island.com. Anonymity assured.
Register Now:
https://attendee.gotowebinar.com/register/1179436662901327190?source=WR
Check out previous discussions:
https://www.legal-island.com/resources/any-questions-webinars/
Enjoy the weekend.
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