HR: Olympic Gold for herding cats and juggling coffee cups simultaneously! Congrats to Daniel Wiffen, Jack McMillan and Hannah Scott - you've done us proud!
This week's top 5:
- NI Equal Pay payout hits the headlines
- Religious discrimination case against Belfast bar settled for £6,500
- In these countries, it’s illegal to send work emails after 5pm – is the UK set to join?
- Big change coming to UK minimum wage in Labour cost of living shake-up
- Employers’ hybrid headache: Half say absence now more difficult to manage
And in other news...............there's still time to join us this morning for our FREE WEBINAR with Conor Curran - The Shape of DEI (Diversity, Equality and Inclusion) in Northern Ireland After the Elections
- Case Law Reviews
- AI and Employment Law
- Religious discrimination case against Belfast Bar settled for £6,500
- Northern Ireland: “Good Jobs” consultation – what are the key areas for employers to consider?
- In these countries, it’s illegal to send work emails after 5pm – is the UK set to join?
- Pay & Salaries
- A four-day week can work – if staff and employers can deal with the challenges
- 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
McGuigan v Perfect Solutions Ireland Ltd [2024] NIIT 15591/23
Summary Description: Automatic unfair dismissal found when the claimant was dismissed without any procedure.
Claimant: Martin McGuigan
Respondent: Perfect Solutions Ireland Limited
Keywords: Unfair Dismissal
Practical Guidance for Employers:
Every year a number of cases come to the Tribunal where there is a lack of any procedure when it comes to dismissing an employee. This only leads to a greater bill that has to be paid when there is an uplift given for such a failure. Employers should be ever mindful of the three step minimum procedure and avoid situations as has arisen here.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/july/mcguigan-v-perfect-solutions-ireland-ltd-2024/
Boyle v Caterpillar (NI) Ltd [2024] NIIT 9826/18
Summary Description: Equal pay claim successful when the claimant was at a grade lower than her three male colleagues.
Claimant: Shona Boyle
Respondent: Caterpillar (NI) Limited
Keywords: Equal Pay
Practical Guidance for Employers:
This case has led to a huge compensation sum and rightly attracted some reports from the news. The moves from the respondent to give some additional responsibilities to the possible comparators when the issue was raised was easily seen through by the Tribunal. Employers should be mindful of the work that particular teams take on and be able to stand over any differences in pay objectively and where there is no objective position to stand-over differences in pay then a job evaluation should be taken into account to ensure that there is equal pay in line with the legislative requirements.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/july/boyle-v-caterpillar-ni-ltd-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
Crown Prosecution Service works on AI strategy and business case ahead of spending review
As the spending review process kicks into gear, the Crown Prosecution Service is seeking to flesh out a strategy and investment case to support plans to ramp up the organisation’s use of artificial intelligence technology. The CPS has released commercial documents revealing that it hopes to make the case for money to invest in “the opportunities presented by AI in enhancing its business processes”. Public Technology has more on this story:
https://www.publictechnology.net/2024/07/31/public-order-justice-and-rights/crown-prosecution-service-works-on-ai-strategy-and-business-case-ahead-of-spending-review/
Elections watchdog censured over breach of 40 million people’s data and admits ‘sufficient protections were not in place’
The UK’s elections regulator has been formally reprimanded over a data breach that compromised the personal data of 40 million citizens – but could likely have been prevented by “basic” security measures, according to the Information Commissioner’s Office. Last summer, The Electoral Commission revealed that it had suffered a cyberattack in which intruders went undetected for more than a year before being discovered in October 2022. During this time, attackers accessed the commission’s internal email systems and servers hosting the national electoral register, which include details of the names and home addresses of 40 million individuals. More from Public Technology:
https://www.publictechnology.net/2024/07/31/public-order-justice-and-rights/elections-watchdog-censured-over-breach-of-40-million-peoples-data-and-admits-sufficient-protections-were-not-in-place/
Generative AI Myths: The 5 biggest misunderstandings
Most people can find a way to use AI to help them in their work or day-to-day lives, but first, they need to understand it. Hopefully, this is helpful for cutting through the hype and getting to the facts writes Bernard Marr:
https://www.forbes.com/sites/bernardmarr/2024/07/30/generative-ai-myths-the-5-biggest-misunderstandings/?ss=ai
Which version of ChatGPT4 was the game changer for HR?
Barry Phillips analyses the many versions of ChatGPT so far and gives his view on which was the most important for HR:
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3. Religious discrimination case against Belfast bar settled for £6,500
A Protestant man has settled his case of religious discrimination against John Bittles trading as Bittles Bar in Belfast for £6,500. The case was supported by the Equality Commission for Northern Ireland. The man went to Bittles Bar on a Friday afternoon to enjoy a drink. As he entered the bar, he met the landlord, John Bittles, who he knew and had spoken to before. However, he says he was embarrassed and felt intimidated by what happened next. The man says that Mr Bittles said to him, “no seat, no drink, new rules in the bar. I look after my locals”. He said that Mr Bittles then pointed to a group of men on his left and continued, “you have not been in here for about three years and we don’t serve Protestants, only joking, no I’m not.” Read more, direct from the Equality Commission here:
https://www.equalityni.org/Footer-Links/News/Individuals/Religious-discrimination-case-settled-for-%C2%A36,500
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4. Northern Ireland: “Good Jobs” consultation – what are the key areas for employers to consider?
Significant changes in employment law are envisaged in the new public consultation released by the Department for the Economy. In this insight, Lewis Silkin highlight the key developments that employers should consider before the consultation closes on 30 September 2024. Read in full:
https://www.lewissilkin.com/en/insights/northern-ireland-good-jobs-consultation-what-are-the-key-areas-for-employers-to-consider
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4. In these countries, it’s illegal to send work emails after 5pm – is the UK set to join?
Labour is planning to introduce new protections to help UK employees switch off after work. Here are the countries that have already done it. Startups outlines countries that have introduced rules on the right to disconnect, including Ireland, and how this works in practice:
https://startups.co.uk/news/countries-right-to-disconnect/
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5. Pay & Salaries
Big change coming to UK minimum wage in Labour cost of living shake-up
Ministers are preparing to unveil changes aimed at ensuring the Minimum Wage keeps pace with living costs. For the first time, officials will be required to consider the cost of living when recommending the level of the minimum wage. The disparity between the Minimum Wage for younger and more senior workers is also set to be narrowed reports Teesside Live:
https://www.gazettelive.co.uk/news/uk-world-news/big-change-coming-uk-minimum-29633240
NI health staff ‘should get above inflation pay rises’
Health service staff in Northern Ireland should get a 5.5% pay rise this year, an independent review body has said. A separate review has recommended a 6% pay rise for doctors and dentists reports the BBC:
https://www.bbc.co.uk/news/articles/cprq0lxge23o
Senior Salaries Review Body Report: 2024
The Review Body on Senior Salaries provides independent advice to the Prime Minister, the Lord Chancellor, the Home Secretary, the Secretary of State for Defence, the Secretary of State for Health and Social Care and the Minister of Justice for Northern Ireland on the remuneration of salaried judicial office-holders; senior civil servants; senior officers of the Armed Forces; senior managers in the NHS, Police and Crime Commissioners, chief police officers; and other such public appointments. The recommendations included:
- senior civil service should receive a 5.0 per cent consolidated pay increase from 1 April 2024
- all members of the salaried judiciary should receive a 6.0 per cent consolidated pay increase from 1 April 2024
- a pay increase of 4.75 per cent for all chief police officers in Northern Ireland from 1 September 2024
You can download the full report here:
https://assets.publishing.service.gov.uk/media/66a7a3c849b9c0597fdb066e/SSRB_Annual_Report_2024_Accessible.pdf
Starting salaries are £180,000 – but do young lawyers believe the hours, stress and burnout are worth it?
Tales of poor mental health are forcing change on the legal profession as recruits fight back against competitive culture, with some even abandoning the long-enshrined ambition to ‘make partner’. More here from the Guardian:
https://www.theguardian.com/business/article/2024/jul/27/starting-salaries-are-180000-but-do-young-lawyers-believe-the-hours-stress-and-burnout-are-worth-it
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6. A four-day week can work – if staff and employers can deal with the challenges
It sounds like a dream for many people currently working five days a week: how about just doing four days and having a long weekend? When the weekends feel too short and the pressure of holding down a full-time job pushes workers to the limit, a four-day working week may appear very attractive. How does this happen in practice though, and can it become commonplace? Well, recent news about four-day working week trials show different outcomes and University of Reading outlines key learnings:
https://research.reading.ac.uk/research-blog/a-four-day-week-can-work-if-staff-and-employers-can-deal-with-the-challenges/
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7. Just in Case You Missed It...
The launch of ChatGPT4omini – what does it mean for us in HR?
Barry Phillips considers the importance of the launch this week of ChatGPT4omini and how it may help HR tool-up.
https://www.legal-island.com/articles/uk/resources/ai-for-hr-weekly-podcast/2024/july-2024/the-launch-of-chatgpt4omini--what-does-it-mean-for-us-in-hr/
Handling Remote Employee Complaints About Internal Recruitment Bias
The articles are aimed at HR professionals and other managers who may need to deal, from time to time, with the less commonplace disputes at work; issues that may, if handled incorrectly, lead to claims for discrimination, constructive dismissal or some other serious difficulty.
This month’s problem concerns:
“We have recently carried out a recruitment process for an internal vacancy. We received a complaint from an employee who works remotely. The employee feels they were not looked upon as favourably during the process as other employees who work in the office. How do I handle it?”
https://www.legal-island.com/articles/uk/features/how-do-i-handle-it/2024/july/handling-remote-employee-complaints-about-internal-recruitment-bias/
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8. HR Developments
Building adaptive, self-managing teams in a culture of continuous improvement
In this interview, Lizzie Benton tells HRD Connect what she thinks about dealing with the tricky parts of today’s work world and building teams that can bounce back and change when they need to:
https://www.hrdconnect.com/2024/07/29/building-adaptive-self-managing-teams-in-a-culture-of-continuous-improvement-interview-with-lizzie-benton-part-1/
Investing in employee development for effective succession planning
Investing in employee development is always intelligent as a way to bolster the skill set and capabilities of your employees and keep them engaged, but it can also be smart in terms of succession planning. This article from Lawyer Monthly will explore the value of investing in employee development when it comes to succession planning and how it could pave the way for long-term success even once key personnel have stepped aside:
https://www.lawyer-monthly.com/2024/07/investing-in-employee-development-for-effective-succession-planning/
Employers’ hybrid headache: Half say absence now more difficult to manage
Half of employers say that adopting a hybrid working model in their organisation has made it more difficult to manage staff absence, according to a new survey by WorkNest. 98% of the employers surveyed said staff say that they are sick and unable to come into the office but are working from home, with almost one quarter (23%) saying that this scenario occurs often. HR Director provides guidance here:
https://www.thehrdirector.com/business-news/hybrid-work/employers-hybrid-headache-half-say-absence-now-difficult-manage/
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9. Employment News in the Media
US bank Wells Fargo is facing a lawsuit claiming it defrauded shareholders by conducting ‘sham interviews’ for non-white and female applicants as part of a public commitment to increasing diversity. A shareholder group is citing interviews with former employees, an internal whistleblower email, and the “sudden retirement” of a senior wealth manager who is alleged to have encouraged a colleague to conduct the fake interviews, according to a report by Reuters. Personnel Today has more here:
https://www.personneltoday.com/hr/wells-fargo-fake-interviews/
A new UK-wide compensation scheme has been announced for sub-postmasters with overturned convictions. Two compensation routes will be available, including one that offers £600,000 as a final settlement and another route for sub-postmasters who think they are owed more. Regardless of the route chosen, those who qualify for compensation will be given an immediate £200,000 payout. More from the BBC:
https://www.bbc.co.uk/news/articles/c51yd9qg7qyo
The PSNI say an internal investigation has been launched after footage emerged following Armagh GAA's win in the All-Ireland final on 28 July. The footage which has been widely circulated on social media is believed to have been filmed in Camlough and appears to show a PSNI patrol vehicle with its blue lights on and circling the roundabout before an Armagh GAA flag is hung out the window. More from Belfast Live:
https://www.belfastlive.co.uk/news/northern-ireland/psni-launch-internal-investigation-after-29631586
An NHS body severely criticised in an employment tribunal spent almost £100,000 on fighting the case and a related action. The tribunal, sitting in Norwich, found the ICB's predecessor organisation had constructively dismissed an assistant director, Clive Rennie. The ICB had taken the decision to defend the case but when it came to court, the proceedings took a farcical turn. A draft investigation report was disclosed five days into the proceedings after the NHS initially denied its existence, despite the author sitting in court. More here from the BBC:
https://www.bbc.co.uk/news/articles/c2v09g2dqwqo
A British Council worker in Morocco who was sexually harassed, stalked and left “terrified” by her “obsessed” boss was “erroneously and inappropriately” blamed by a “deeply flawed” internal investigation for “encouraging” him, a tribunal has ruled. It said her boss had sexually harassed her and that the British Council was vicariously liable for his actions. More from People Management:
https://www.peoplemanagement.co.uk/article/1882283/worker-stalked-boss-accused-encouraging-him-internal-investigation-sexually-harassed-tribunal-rules
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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.
The Statutory Paternity Pay and Statutory Adoption Pay (Parental Orders and Prospective Adopters) (Amendment) Regulations 2024
These Regulations come into force on 26th August 2024 in England and Wales and Scotland:
https://www.legislation.gov.uk/uksi/2024/843/contents/made
What difference will the new dismissal and re-engagement code of practice make?
The Code of Practice came into force on 18 July but is likely to be temporary. For the time-being though what does the Code require? HR Director has more on this:
https://www.thehrdirector.com/business-news/employment/difference-will-new-dismissal-re-engagement-code-practice-make/
The Employment (Allocation of Tips) Act 2023 (Commencement No. 2) Regulations 2024
These Regulations bring into force specified provisions of the Employment (Allocation of Tips) Act 2023 in England and Wales and Scotland. These are the second commencement regulations made under the 2023 Act, and bring into force the last remaining provisions of the 2023 Act, which will come into force on 1st October 2024:
https://www.legislation.gov.uk/uksi/2024/829/contents/made
Guidance on new workplace sexual harassment laws: part one
Coming into force on 26 October, the Worker Protection (Amendment of Equality Act 2010) Act 2023 requires employers to take proactive steps to prevent sexual harassment in their workplace. The new Labour government has proposed to tighten the legislation even further than their Conservative predecessors, planning to make it law that “all reasonable steps” are taken to prevent sexual harassment in the workplace, which goes beyond the Conservatives’ ‘reasonable steps’ approach. There are also proposals to reinstate protection for employees against harassment by third parties; for example, customers and suppliers. People Management provides an overview here:
https://www.peoplemanagement.co.uk/article/1881613/guidance-new-workplace-sexual-harassment-laws-part-one
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11. Health and Safety Developments
The business case for reducing stress
Carole Spiers, chair of the International Stress Management Association UK, explains why it is in the best interest of every organisation to reduce employees’ stress. High stress levels among employees can lead to various negative outcomes, including decreased productivity, increased absenteeism, and higher turnover rates. Conversely, companies that actively reduce stress among their workforce can enjoy a myriad of benefits that enhance overall performance and profitability. This article from Government Business explores the compelling business case for reducing stress in the workplace:
https://governmentbusiness.co.uk/features/business-case-reducing-stress
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12. Free Webinars This Month
The Shape of DEI (Diversity, Equality and Inclusion) in Northern Ireland After the Elections
TODAY! 11am
DEI expert Conor Curran, draws breath after the general and local election results to consider (DEI) manifesto promises. With a focus on workplace diversity & employment/equality law, this webinar will provide some insight as to what changes to working practices employers in NI might can expect in the future. The question is: when?
Conor Curran, Head of Diversity, Inclusion and Staff Wellbeing at Queen’s University. In his spare time, Conor is a freelance DEI Consultant. https://curcoconsult.com/
Register Now
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https://attendee.gotowebinar.com/register/9133039900039872090?source=WR
Check out previous discussions:
https://www.legal-island.com/resources/any-questions-webinars/
Enjoy the weekend.
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