Hope you're all surviving Halloween half-term – nothing like a week of sugar-fuelled kids to make the budget seem like the second-scariest thing this October...

This week's top 5:

1. Annual Review Session of the Week: Breaking the Habit: Overcoming Substance Misuse in the Workplace
2. ICO: 55% of adults have had their data lost or stolen
3. WhatsApp messages increasingly used as evidence in tribunals – should it be banned at work?
4. Have your Say - Public consultation on Statutory Sick Pay in Northern Ireland
5. McDonald’s accused of threatening Uber Eats drivers in Antrim and Ballymena

And in other news............... This week Barry Phillips comments on research published recently that suggests that many more males than females are using GenAI and seeks an explanation. Listen here!

CONTENTS

1. Annual Review Session of the Week: Breaking the Habit: Overcoming Substance Misuse in the Workplace
2. Case Law Reviews
3. AI and Employment Law
4. Budget 2024
5. DEI
6. DWP launch public consultation on Statutory Sick Pay in Northern Ireland
7. Data Protection
8. Workplace Culture
9. Just in Case You Missed It...
10. HR Developments
11. Employment News in the Media
12. GB Developments
13. Friends of Legal Island
14. Free Webinars This Month

===============================================

1. Annual Review Session of the Week: Breaking the Habit: Overcoming Substance Misuse in the Workplace ⚓︎

Substance misuse presents serious legal risks for employers, affecting both safety and productivity. For HR professionals, it's vital to recognise the signs of substance misuse and respond effectively. This session, led by Professor Anne Campbell, QUB and Ian McFarland, Partner, Eversheds Sutherland, will equip you with the knowledge and strategies needed to support your team and ensure a safe workplace environment. Read more:
https://bit.ly/ktniarel24

Back to Top

===============================================

2. Case Law Reviews ⚓︎

Cullingford v Secretary of State for Justice [2024]

Summary Description: No reasonable adjustment required to bring the claimant’s dog to work as it was not considered to alleviate the disadvantage faced by the disabled employee.

Claimant: D Cullingford

Respondent: Secretary of State for Justice

Keywords: Disability Discrimination; Reasonable Adjustments

Practical Guidance for Employers:

This case provides useful guidance in terms of determining whether a reasonable adjustment is required.  The Tribunal makes a focus on whether the suggested step would be such that it alleviates the disadvantage suffered by the claimant vis-à-vis their disability.  In this case, it was found that it would not especially considering the context of the claimant’s work and that the dog did not attend on what were regarded as the most stressful days.

Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/october/cullingford-v-secretary-of-state-for-justice-2024/

Ministry of Defence v Rubery [2024] ⚓︎

Summary Description: Tribunal’s lack of jurisdiction regarding claims from Armed Forces personnel was a proportionate means of achieving a legitimate aim in avoiding long-running complaints.

Claimant/Respondent on Appeal: Anne Rubery

Respondent/Appellant on Appeal: Ministry of Defence

Keywords: Jurisdiction; Human Rights

Practical Guidance for Employers:

This case seems to be quite narrow in its application as it pertains to jurisdiction for the Tribunal when the action is taken by Armed Forces personnel. However, the actual scope of the judgment provides some useful points especially in relation to how ECHR rights and EU law can operate as a basis to allow for an action – which goes into the process and will be especially useful in Northern Ireland where there is not to be a diminution of rights as a result of the Windsor Framework.

Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/october/ministry-of-defence-v-rubery-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/

Back to Top

===============================================

3. AI and Employment Law ⚓︎

The Gender GenAI User Gap is High But Why?

This week Barry Phillips comments on research published recently that suggests that many more males than females are using GenAI and seeks an explanation.

https://www.legal-island.com/articles/uk/resources/ai-for-hr-weekly-podcast/2024/oct/the-gender-genai-user-gap-is-high-but-why/

Minister Calleary announces key milestone in the implementation of the EU regulation on AI

Minister of State for Trade Promotion, Digital and Company Regulation, Dara Calleary TD, today published a list of nine national public authorities responsible for protecting fundamental rights under the EU Artificial Intelligence (AI) Act. These authorities will get additional powers under the AI Act to facilitate them in carrying out their current responsibilities for protecting fundamental rights in circumstances where use of AI poses a high risk to those rights. Read more here:
https://enterprise.gov.ie/en/news-and-events/department-news/2024/october/31102024.html

Global evidence on gender gaps and generative AI

Generative AI has the potential to transform productivity and reduce inequality, but only if used broadly. In this paper, researchers from Harvard Business School show that recently identified gender gaps in AI use are nearly universal. The AI gender gap is present in nearly all regions, sectors, and occupations. Using data from two studies that offered participants the chance to use AI tools, we then show that even when the opportunity for men and women to access AI is equalised, women are still less likely to use AI. Our findings underscore the critical need for targeted interventions that go beyond access to address the structural and behavioural barriers that have resulted in a global gender gap in AI use. You can download the paper from Ideas here:
https://ideas.repec.org/p/osf/osfxxx/h6a7c.html

Back to Top

===============================================

4. Budget 2024 ⚓︎

Pay boost for millions of workers next year

Chancellor announces pay rise for over 3 million workers next year, as National Living Wage rises by 6.7%. Over 3 million workers will receive a pay boost after the Chancellor confirmed the National Living Wage will increase from £11.44 to £12.21 an hour from April 2025.  The National Minimum Wage for 18 to 20-year-olds will also rise from £8.60 to £10.00 an hour – the largest increase in the rate on record. More here:
https://www.gov.uk/government/news/pay-boost-for-millions-of-workers-next-year

Autumn Budget 2024: HR Implications and Industry Insights

The UK Chancellor of the Exchequer, Rachel Reeves, unveiled the Autumn Budget 2024 today, introducing several measures that will significantly impact HR and People professionals. Industry leaders have shared their insights on these changes:
https://www.hrdconnect.com/2024/10/30/autumn-budget-2024-hr-implications-and-industry-insights/

Employment experts react to Rachel Reeves’s Budget

More insights from experts are here as well:
https://www.personneltoday.com/hr/employment-experts-react-to-rachel-reeves-budget-2024/

Chancellor’s Budget reaction – from sickness to prevention

The Autumn Budget signals a move from treating sickness to prioritising prevention, aiming to reduce workforce absence and improve productivity. With a new “Get Britain Working” white paper and NHS funding focus, the government is set to tackle health-related work inactivity. Employers are encouraged to invest in preventive benefits, as these measures can support employee wellbeing and reduce strain on the NHS. Catch up here:
https://www.thehrdirector.com/business-news/business/chancellors-budget-reaction-sickness-prevention/

Labour’s investment budget has begun process of “repairing and rebuilding Britain”

Union body says budget is a vital first step towards the growth, jobs and living standards working people desperately need. Read more form the TUC here:
https://www.tuc.org.uk/news/labours-investment-budget-has-begun-process-repairing-and-rebuilding-britain

Meanwhile.... businesses in Northern Ireland have said they will face fresh pressures following the Labour Party's first Budget in 14 years. Chancellor Rachel Reeves set out her plans on Wednesday, but one business owner in Belfast said it was "a disaster of a Budget for small businesses". Read the views here:
https://www.bbc.co.uk/news/articles/cz6jp0np66go

Autumn Budget 2024: Filling the black hole

Lewis Silkin have summarised the main tax changes affecting businesses and entrepreneurs in the Autumn Budget. Read their article here:
https://www.lewissilkin.com/en/insights/autumn-budget-2024-filling-the-black-hole

Back to Top

===============================================

5. DEI ⚓︎

Menopause-related employment tribunals have increased by 87%

Analysis of employment tribunal data shows that menopause-related employment tribunal cases have significantly increased year on year over the last five years, with the latest figures showing a massive 87% rise between April 2023 and March 2024. Read more:
https://www.thehrdirector.com/business-news/diversity-and-equality-inclusion/menopause-related-employment-tribunals-increased-87/

Tesco pays £45,000 to settle sexual harassment case

A former part-time Dotcom Personal Shopper has settled her claims of sexual harassment and victimisation against her former employer Tesco for £45,000. Lara Storey claimed that she had been subjected to sexual harassment by a colleague which included physical touching. Lara raised a grievance with her employer which was upheld. Despite this, the colleague she had complained about, remained in post, even though assurances were given that the person in question would be retrained or relocated to another department or store. The full story from the Equality Commission is here:
https://www.equalityni.org/Footer-Links/News/Individuals/Tesco-pays-%C2%A345,000-to-settle-sexual-harassment-cas

Back to Top

===============================================

6. DWP launch public consultation on Statutory Sick Pay in Northern Ireland ⚓︎

The Department for Work and Pensions have launched a new public consultation with Stormont’s Department for Communities on proposals to strengthen statutory sick pay. Statutory Sick Pay is the minimum statutory payment an employee is entitled to for periods where they are unable to work due to illness. It is both administered and paid entirely by employers and is payable for up to 28 weeks per period of sickness absence, reports Belfast Live:
https://www.belfastlive.co.uk/news/northern-ireland/dwp-launch-public-consultation-statutory-30248200

Those interested in contributing to the DWP consultation can access the link Making Work Pay: Strengthening Statutory Sick Pay on the Department for Communities website here:
https://www.communities-ni.gov.uk/consultations/consultation-strengthening-statutory-sick-pay

And while on the subject of wages...

Employee Earnings in Northern Ireland: October 2024

Employee Earnings in Northern Ireland, from the Annual Survey of Hours and Earnings 2024, was published today by the Northern Ireland Statistics & Research Agency. Weekly earnings increased over the year. Median gross weekly earnings for full-time employees in April 2024 increased by 4.3% from £639 in 2023 to £666 in 2024. This is higher than the average annual change over the last twenty years. The full details are available here:
https://www.economy-ni.gov.uk/news/employee-earnings-northern-ireland-october-2024

Back to Top

===============================================

7. Data Protection ⚓︎

Ripple effect: the devastating impact of data breaches

Data protection has never been about computers or robots – it's about people. The information we are trusted with is not just a set of numbers or details – it reflects individual lives. Yet in figures revealed by the ICO, we see that 55% of adults have had their data lost or stolen. The personal and emotional toll of this is too often overlooked. Alarmingly, 30% of victims report emotional distress, yet 25% receive no support from the organisations responsible. Even more troubling is that 32% of those affected find out through the media rather than from the organisation itself, deepening feelings of betrayal. More from John Edwards, the Information Commissioner:
https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2024/10/ripple-effect-the-devastating-impact-of-data-breaches/

WhatsApp messages increasingly used as evidence in tribunals – should it be banned in the workplace?

The number of employment tribunals using messages on the platform as evidence has almost tripled since 2019 – according to an analysis by law firm Nockolds, based on data obtained from HM Courts & Tribunals Service, 427 tribunal hearings in 2023 involved the disclosure of employee WhatsApp messages, compared to just 150 in 2019. As WhatsApp is often used for informal conversations, the line between personal and professional can easily blur, which sometimes puts employers at risk. As experts warn employers may be held vicariously liable for messages sent by staff, People Management explores how they can minimise the risks:
https://www.peoplemanagement.co.uk/article/1893433/whatsapp-messages-increasingly-used-evidence-tribunals-%E2%80%93-banned-workplace

Global HR Law Guide update: Employee data privacy

The Global HR Law Guide from Ius Laboris takes you through the legal aspects of the entire employment journey, with 16 chapters covering recruitment through pensions in over 50 countries. It is a valuable tool for HR and in-house counsel, and you can find it here:
https://iuslaboris.com/insights/global-hr-law-guide-update-employee-data-privacy/

Back to Top

===============================================

8. Workplace Culture ⚓︎

McDonald’s accused of threatening Uber Eats drivers in Antrim and Ballymena

Uber Eats drivers for McDonald’s in Northern Ireland have been exposed to discrimination, bullying and exploitation, according to an investigation by the Worker Info Exchange. WIE’s ‘McExploitation’ report uncovered recordings of managers at branches in Antrim and Ballymena telling Uber drivers they must learn English in their own time; that the Romanian language sounds “harsh” and “abrupt”and that they don’t want their own employed staff complaining about this. Personnel Today has more on this:
https://www.personneltoday.com/hr/mcdonalds-uber-eats-worker-info-exchange/

Culture and non-financial misconduct survey –  Financial Conduct Authority

The Financial Conduct Authority has published key findings of culture and non-financial misconduct survey, which examined how firms detect and handle non-financial misconduct incidents. The survey found:

• The number of reported non-financial misconduct incidents increased over the 3 years surveyed.
• Bullying and harassment (26%) and discrimination (23%) were the most reported types of non-financial misconduct across all sectors
• Discrimination, with 23% of cases on average across all sectors, had the highest percentage of incidents resulting in the complainant signing either a settlement or confidentiality agreement.
• Disciplinary or ‘other’ actions were taken in 43% of cases.

More here:
https://www.fca.org.uk/data/culture-non-financial-misconduct-survey-findings

Remote working in the technological age

As remote work solidifies its place in modern employment, both opportunities and challenges continue to evolve. This article explores how technology enables employees to work flexibly and the implications for employers, from legal compliance to maintaining workplace culture. Dive into the latest insights from Ius Laboris on balancing flexibility with effective remote management:
https://iuslaboris.com/insights/remote-working-in-thetechnological-age/

Back to Top

===============================================

9. Just in Case You Missed It... ⚓︎

Dyslexia support in our schools. Are we getting it right?

On October 14th Robbie Meredith, BBC News NI Education Correspondent, reported on problems with the support for pupils with dyslexia in Northern Ireland schools, with the EA revealing that almost 200 children are currently on a waiting list for "direct intervention". This mirrors the current situation in England and Wales with pupils waiting years for support there. More from Frank Cassidy:
https://www.legal-island.com/articles/uk/features/education1/2024/october/dyslexia-support-in-our-schools.-are-we-getting-it-right/

Back to Top

===============================================

10. HR Developments ⚓︎

Delivering feedback: use curiosity and empathy to improve performance

Ever had feedback backfire, leaving you feeling like the bad guy, even when your intentions were good? You’re not alone. Delivering feedback is essential for personal and professional growth, but how we communicate it makes all the difference. Knowing how to give feedback that encourages improvement, boosts confidence, and avoids defensiveness is key to building productive, trusting relationships. Forbes has guidance here:
https://www.forbes.com/sites/dianehamilton/2024/10/25/delivering-feedback-use-curiosity-and-empathy-to-improve-performance/

ADHD in the workplace – harmful myths that employers must address

Diana Podlewska Monteiro, Inclusion Partner at Bupa Insurance, shares important advice for all employers to help dispel ADHD myths from the workplace, along with offering eight practical tips to support ADHD workers in this article from HR Director:
https://www.thehrdirector.com/features/diversity-and-equality/adhd-workplace-harmful-myths-employers-must-address/

Back to Top

===============================================

11. Employment News in the Media ⚓︎

Mental health challenges are costing large law firms millions of pounds every year and reducing productivity by 19%, a report has indicated. Researchers said most of the productivity losses were caused by ‘presenteeism’ – people working when their wellbeing is poor. More:
https://www.legalfutures.co.uk/latest-news/mental-health-challenges-costing-large-law-firms-millions

A solicitor, and employment tribunal specialist, has been ordered to pay £3,000 costs after he was found to have acted unreasonably in his conduct of a ‘wholly unmeritorious’ tribunal claim. M Broomhead, brought claims of victimisation against six respondents including Peninsula Legal Services Limited, trading as Irwell Law. The judge said even after the claim was dismissed, Broomhead ‘displayed an intention to persist and has demonstrated that he has simply failed to understand why he has lost’. More from the Law Gazette:
https://www.lawgazette.co.uk/news/solicitor-ordered-to-pay-costs-in-hopeless-tribunal-claim/5121302.article

Carmen Wood-Hope was unfairly sacked from Friars Primary School and discriminated against for 'trade union reasons', a tribunal ruled. In its judgement the three-person panel decided that she had been 'automatically unfairly dismissed for trade union reasons', after The Friars' headteacher, Michael Earnshaw, who held 'antipathy towards' her, had put in place a 'punitive' 'support plan'. More from Manchester Evening News:
https://www.manchestereveningnews.co.uk/news/greater-manchester-news/teacher-breaks-down-court-speaks-30234041

A Beyoncé-inspired singer caught dancing in high heels for a music video while on sick leave for her bunions was fairly sacked, a court has ruled. Virya Cruz, a production assistant, was fired after she appeared online performing taxing choreography with two male dancers as part of her fledgling pop career. Ms Cruz, who had been off work for 10 months after undergoing surgery on bunions in August 2022, challenged her dismissal as unfair. However, the Canary Islands’ superior court ruled that an audiovisual company in Las Palmas de Gran Canaria was within its right to fire Ms Cruz. More from the Telegraph:
https://www.telegraph.co.uk/world-news/2024/10/28/beyonce-inspired-singer-who-danced-in-music-video-bunions/

Research from HCML shows that long NHS wait times are having a detrimental impact on businesses in the UK as 60% of employees struggle to access treatment from the NHS. This is significantly contributing to employee absence as health conditions go untreated. For those with minor illnesses, this lack of access to available treatment suggests that their conditions could become worse which may then lead to an absence from work, which becomes a significant cost for businesses year on year. HR Director has more here:
https://www.thehrdirector.com/business-news/absence-management/nhs-wait-times-costing-businesses-absenteeism-spikes/

Back to Top

===============================================

12. 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.

Employment Rights Bill unpacked: Fair Work Agency

The Employment Rights Bill creates a new state enforcement agency for specific employment rights, including some major new enforcement powers. What is covered, and what will these new powers mean in practice? Lewis Silken explain what we know so far here:
https://www.lewissilkin.com/en/insights/employment-rights-bill-unpacked-fair-work-agency

New sexual harassment laws: Unite puts employers on notice

Unite, the UK’s leading union, has warned employers it will hold them to account if they do not abide by new sexual harassment laws that come into force Saturday. The Worker Protection (Amendment of Equality Act) Act 2023 requires employers to have policies in place to help prevent sexual harassment before it takes place. As well as pre-emptive policies to prevent sexual harassment amongst colleagues, the new law requires that third party sexual harassment by customers or services users must also be mitigated against. The full press release is here:
https://www.unitetheunion.org/news-events/news/2024/october/new-sexual-harassment-laws-unite-puts-employers-on-notice

The Employment Appeal Tribunal (Amendment) Rules 2024

The Rules 2024 come into force on 1st February 2025 in England, Wales and Scotland. This instrument amends Rule 35 of the 1993 Rules to mandate the use of CE-File for legally represented parties in the Appeal Tribunal. CE-File is an online system for filing documents electronically and is intended to reduce the administrative burden on staff and increase efficiency:
https://www.legislation.gov.uk/uksi/2024/1044/contents/made

A guidance document is available here:
https://www.gov.uk/guidance/hmcts-e-filing-service-for-citizens-and-professionals

A training video is available here:
https://www.supremecourt.uk/news/stories/2024-10-25-watch-video-case-management-portal.html

Back to Top

===============================================

13. Friends of Legal Island ⚓︎

The CIPD Awards in Northern Ireland – entries close 15 November

The CIPD Awards in Northern Ireland celebrate the contribution of people professionals to the success of public and private sector organisations. You can find out more here:
https://cipdniawards.co.uk

Back to Top

===============================================

14. Free Webinars This Month ⚓︎

In HR and feeling like you’ve missed the AI Revolution? Get up to speed in just 30 minutes!

Tues 19th November, 11am - 11.30am

Register here:
https://register.gotowebinar.com/register/4564088602525516377?source=website

In thirty minutes, Legal Island's Barry Phillips will explain what is important to know in AI, to help you catch up and feel right up-to-date. We understand there’s a lot of jargon, hype and hubris about AI and its potential. We cut right through all of this to present you with all you really need to know. We’ll explain where to start with AI and how to make the most of this amazing development for you personally, for your HR team and for your organisation.

Employment Law at 11 - With O'Reilly Stewart Solicitors

Friday 6th December, 11:00am - 11:45am

Register for the next webinar in the series, during which Christine Quinn from Legal Island will discuss your employment-related questions with Seamus McGranaghan from the employment team at O'Reilly Stewart solicitors.

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/1438063793669369181?source=WR

Check out previous discussions:
https://www.legal-island.com/resources/any-questions-webinars/

Enjoy the weekend.

Legal-Island