Top 5 headlines: 

1. Teacher's strike is looking increasingly likely 🧑‍🏫
2. EasyJet's over-60s recruitment push, smart economics or something more? ✈️
3. Grit under pressure, how to keep going when it gets tough 💪
4. NICS sickness absence hits a 20-year high 😬
5. The invisible workforce quietly shaping HR decisions 👀

In other news................What does effective DEI look like when organisations move beyond consensus and create cultures where people feel able to speak openly, challenge ideas and disagree constructively? join Legal Island Chairman Barry Phillips at a FREE webinar on 8th Sepetember to find out. More HERE.

DON'T FORGET: Hub subscribers get 2 free places at this Autumn’s Skill Builder for HR sessions. 💡

1. Annual Review of Employment Law 2026: Gender Pay Gap & Pay Transparency
2. Case Law Reviews
3. AI and Employment Law
4. Skill Builder for HR: Leading Change Effectively
5. Recruitment
6. Industrial Action
7. NICS sickness absence levels hit 20-year high
8. Minimum Wage Breaches - the names are out
9. Just in Case You Missed It...
10. Employment News in the Media
11. GB Developments
12. Free Webinars this Month

Session of the Week: Grit Under Pressure

Paula Milligan, Senior Partner, Dynamic Partners shares her strategies for building the resilience, focus and mindset needed to lead effectively when pressure is high and uncertainty is constant.

FIND OUT MORE

Jargon‑free employment law insights that make your job easier

The must attend  HR event of the year is back - 5 November 2026! 

Our Annual Review of Employment Law is the cornerstone event for HR professionals. Join us at the Crowne Plaza, Belfast or tune in with coffee in hand from your desk. Either way, you’ll access the insights that matter most, brought to you by expert speakers.

EARLY BIRD RATE available until 10th September 2026 at 5:00pm.

BOOK YOUR PLACE

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University of Bristol v Miller i[2026] EAT 84

Summary Description: 

University professor had been unlawfully discriminated against and unfairly dismissed due to his philosophical beliefs relating to Zionism.

Claimant/Respondent on Appeal: 

Dr David Miller

Respondent/Appellant on Appeal: 

University of Bristol

Practical Guidance for Employers:

A series of claims have arisen relating to the Higher Education sector and points relating to freedom of speech, academic freedom and philosophical beliefs.   The meaning of philosophical belief as defined by the Supreme Court in Grainger is quite wide but also preserves the extent to which someone can manifest their beliefs but importantly it must not conflict with the fundamental rights of others.  It was found there that these beliefs met the criteria in Grainger and had been the reason for the dismissal. The Grainger criteria and its extent should be considered should such an issue arising within the workplace.

Read the Review in full: University of Bristol v Miller [2026]

Argence-Lafon v Ark Syndicate Management Ltd [2026] EWCA Civ 1039

Summary Description: 

The fact that the Tribunal did not consider whether the internal appeal had cured a previous wrong in the process was not a ground for appeal.  The Tribunal did not have to consider it as the actual basis for the decision was not considered in the internal appeal.

Claimant: 

Olivier Argence-Lafon

Respondent: 

Ark Syndicate Management Ltd

Practical Guidance for Employers:

This case demonstrates that an internal appeal can cure the wrongs with an initial dismissal decision but it has to consider and cure the actual issue.  In this the appeal process was undertaken because the Tribunal had not outlined the internal appeal and how it may have cured the initial decision.  However, the internal appeal did not deal with the matter of the performance objectives which was the reason for the unfair dismissal as decided by the Tribunal.  Accordingly, it would be surprising for the Tribunal to even consider it in the judgment.  Employers should be cognisant that the internal appeal can cure an issue that has gone wrong initially but the appeal would have to actually and properly consider it and demonstrate how it has cured the issue.

Read the Review in full: Argence-Lafon v Ark Syndicate Management Ltd [2026]

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These case reviews were written by Jason Elliott BL.  NI Tribunal decisions are available on the OITFET website.

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.

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The (In)visible Workforce Influencing HR Decisions

As AI becomes increasingly embedded in HR processes, its influence often begins long before a manager makes a final decision. Hinada Neiron, Head of Global Marketing and Alliances at aconso, examines the rise of the “invisible workforce” and explains why HR leaders must strengthen governance, document management and human oversight to ensure AI supports, rather than dictates, people decisions in this article for HRD Connect. More here.

‘Teams across DWP’ studying impact of AI on welfare and jobs

A variety of “teams across DWP” are working to better understand the potential impact of artificial intelligence on the jobs market and the welfare system, according to ministers. According to Lilian Greenwood, a junior minister at the Department for Work and Pensions, a range of units “working in policy, operational and digital, are considering how AI could impact the social security and welfare system to ensure the department continues to deliver effectively for citizens in the future”. Her comments were echoed by one of her ministerial colleagues, Andrew Western – whose brief for the past two years has focused on transformation. Western suggested that the DWP wishes to both understand the likely ramifications for AI on jobs, as well as accordingly adjust the support offered to jobseekers. Read more.

Sandie Peggie AI judgment claims at heart of NHS Fife nurse’s latest appeal

Artificial Intelligence accusations aimed at the Sandie Peggie trans tribunal ruling are at the heart of the NHS Fife nurse’s latest appeal against the judgement. Tribunal judge Sandy Kemp faced allegations of using AI to draft the ruling after bogus quotes were found in the error-strewn document which had to be amended 12 times. However, president of employment tribunals in Scotland, Judge Susan Walker, declared no generative AI had been used. More from the Courier.

AI for HR Weekly Podcast with Barry Phillips 🎙️

Hub subscribers are beginning to request that our Chairman, Barry covers a particular AI topic in a future podcast. If you have a request, send it to him directly at barry@legal-island.com - he’ll feel like a DJ from the 80s…...🎧

You can tune into the latest episode right here - or, if you’re on the move, why not take us with you?

Listen on all major platforms: 🎧 Spotify or Apple Podcasts

Simply search for “AI for HR Weekly Podcast” and enjoy expert insights anytime, anywhere.

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Your Skill Builder Perk is Back: 

• Get 2 free places at this Autumn’s Skill Builder for HR sessions. Even if you used your Spring allocation.
• Multi-user subscribers: each named user gets their own free places.
• Share with colleagues using code "HubGift". Just add places to your cart and enter the code at checkout for £0.
• Check your recent email for session details and claiming instructions (and your spam folder, just in case).

Find out more about all the upcoming Skill Builder for HR sessions HERE. 

Up Next: Leading Change Effectively

📅Wednesday, 14 October  

🕒 12:30 - 14:00 (1 hour 30 mins)

📍 Live online 
 
In this practical Skill Builder session, Denise Collins, People & Culture Director at Norbrook Laboratories, shares insights from leading complex organisational change programmes. You'll explore why change initiatives fail, how leadership behaviour and communication influence outcomes, and what HR can do to build alignment, manage resistance, and embed sustainable change across the organisation. BOOK your place here. 

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Easyjet’s over-60s recruitment push is economically necessary

By 2030, half of Western Europe’s workforce will be over 50. As Easyjet showcases, it’s time to get over our age biases in hiring, writes Annette Male for City AM. 

And…

Pipelines to orchestration: Talent management for a fluid world

Discover why traditional talent management is changing and how HR can use AI, skills, internal mobility and human judgment to build more agile workforces. HR Director has more here.

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ICTU: A Fair NI Budget necessary to avert a wave of industrial action

The Leadership of the trade union movement in Northern Ireland met to discuss the growing discontent among workers in both private and public sectors at the inability of the NI Executive and the UK Government to agree a Stormont budget. The full press release is here.

Teachers' unions vote in favour of strike action over workload

The BBC reports Northern Ireland's five largest teaching unions have voted to strike if the Department of Education does not address grievances over workload. In recent ballots, union members all returned large majorities in favour of industrial action. The unions said members were balloted following "sustained failure to deliver a credible implementation plan for the 27 recommendations of the Independent Review of Workload". BBC has more.

And…

Education Minister's statement as school principals vote for industrial action

Education Minister Paul Givan has said that he hopes that industrial action can be avoided after the union which represents school principals voted in favour of strike action and action short of strike following a dispute with the Department and employers. Members of the NAHT(NI) union voted 96 per cent in favour of industrial action short of strike and 81 per cent in favour of strike action, reflecting the depth of concern across the profession about workload, funding pressures and the sustainability of school leadership. Belfast Live has the story.

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Staff sickness absence rates in the Northern Ireland Civil Service hit a 20-year high in 2025-26, according to new figures.  Data provided by the Northern Ireland Statistics and Research Agency show that, on average, 13.9 days were lost per staff year in the NICS, up from 13.4 in 2024-25.  The sickness absence rate is the highest since 2004-2005, when 14.2 days were lost per staff member on average.  More from Civil Service World. 

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B&Q and Five Guys among firms that paid staff below minimum wage

DIY store B&Q and the fast food chain Five Guys are among hundreds of UK businesses named by the government for paying staff below the minimum wage. More than 600 employers were ordered to pay affected workers the outstanding wages, with £4m returned to workers, according to the Department for Business and Trade. The firms have also been issued penalties worth £7m. The BBC has more on this.

Top 50 firm named and shamed for not paying minimum wage

Top 50 City firm Taylor Rose has cited a ‘miscalculation’ after being named on a government list of minimum wage underpayers. The Fair Work Agency, part of the Department for Business and Trade, listed the firm among nearly 660 employers who it said had failed to pay staff the national minimum wage. In total, Taylor Rose was said to have failed to pay almost £9,000 to 63 employees. The Law Gazette has more.

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The Employment Law Hub is a comprehensive, jurisdiction-specific resource designed for HR professionals, legal advisors, and business leaders. It centralises essential employment law and HR updates, expertly curated and written by leading HR and legal specialists to provide reliable, practical, and authoritative insights. We have over 700+ in depth articles and 1000+ case law reviews. As a subscriber, you have access to all of this. Check it out the full Hub here and below are some recent articles you may have missed.....

This Month's Q&A

Each month, our Employment Law Q&A series tackles real-world questions employers and employees are asking. This month, Madison Bowyer, Associate in the Employment Law Group at Arthur Cox NI, covers reference obligations, workplace temperature during heatwaves, and what happens when a resignation is made in the heat of the moment.

Employer Reference Obligations

Are employers legally required to provide references for former employees, and what standards must those references meet?
Read more.

Workplace Temperature During Heatwaves

Is there a legal maximum office temperature, and can employees refuse to work if it's too hot?
Full article here.

Withdrawing a Resignation

What happens when an employee resigns in the heat of the moment and later tries to take it back? 
Read here.

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An employment tribunal has ordered Purplebricks to pay more than £47,000 to former estate agent Murron Stewart. The tribunal concluded that Purplebricks had constructively and unfairly dismissed the 27-year-old. More from Property Industry Eye. 

An HMRC trainee who spoke Russian has been awarded more than £16,000 for race discrimination after her manager suggested she had a “listening device”. The Edinburgh tribunal heard that the trainee – known as Ms X – is Armenian and that, while she speaks fluent English, she does so with a “Russian accent” as it is her first language. During an induction session, Ms X realised a stud had fallen from the strap of her handbag and went to look for it. Her line manager, referred to as DR, followed her and remarked that it could be a “listening device”. People Management has more on this. 

The BBC reports Uber is cutting more than 3,000 jobs worldwide as part of a major overhaul designed to shrink management layers and refocus spending on its core business. The cuts amount to roughly 10% of its global workforce, bringing staffing back to levels last seen in 2021.Chief executive Dara Khosrowshahi told staff in a company email that the taxi and delivery firm had expanded quickly but accumulated too many layers and small teams that slowed decision making. More here.

A Solicitors Disciplinary Tribunal has suspended a Home Office caseworker who also had a second job as a trainee solicitor, after they accessed restricted visa files. The tribunal found that MD Towhidul Islam, who worked as a caseworker while he trained as a solicitor, used his access to a central referencing system, which contained confidential information relating to visa applications, and accessed records that were not allocated to him. These included his own solicitor case files, as well as records relating to his family, clients who he acted for through his solicitor employer, and someone he knew personally. More from HR Magazine. 

Personnel Today reports an employment tribunal has awarded a woman over £17,000 for her claims of equal pay and direct sex discrimination. Felicity Stewart worked as an assistant operations manager for Galloway European Coachlines from 21 November 2022 until she handed in her notice with immediate effect on 12 September 2024. Stewart brought claims of equal pay, direct and indirect sex discrimination, constructive unfair dismissal, unauthorised deductions from wages, breach of contract in relation to notice pay and failure to receive holiday pay and amounts for time off. Read here.

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NB: Please note these articles relate to GB and do not apply in Northern Ireland, unless otherwise stated.

Why managers now sit at the centre of tribunal risk

Acas’s overhaul of the Disciplinary and Grievance Code is set to give early, informal conversations statutory weight in tribunal decisions, with the draft going further than most HR teams realise. On performance and conduct matters, the Code expresses a clear preference for managers to hold one-to-one informal conversations as a first step. That shifts real legal exposure onto managers who’ve often never been trained to hold a difficult conversation well. This piece from HR Director sets out what’s changing, why it matters, and the capability gap organisations need to close before the Code lands. 

‘A huge learning curve’: apprentices on the benefits and pitfalls of vocational training

While many young people have found jobs and built careers, some have struggled to complete their courses. More on this from the Guardian. 

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Re-thinking DEI: From Consensus to Candour

📅8th September 2026 
⏰11am
📍Live online | Free to attend

REGISTER HERE.

What does effective DEI look like when organisations move beyond consensus and create cultures where people feel able to speak openly, challenge ideas and disagree constructively?

Most organisations have invested heavily in building inclusive workplaces, aiming to bring more perspectives into the room, improve decision-making and enable people to bring their full selves to work.

But a lot of HR leaders are quietly reporting something else.

Meetings where nobody says what they actually think. Colleagues who've concluded the safest contribution is no contribution at all. Capable people stepping around the conversations that matter most, in case they get the words wrong.

If any of that feels familiar, this session is for you.

The webinar will be presented by Barry Phillips, Chairman, Legal Island and  Simon Fanshawe OBE, writer, broadcaster, DEI consultant, and regular contributor to the Guardian and the Sunday Times newspapers.

Enjoy your weekend!

Legal Island

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