"Whenever I'm about to do something, I think, "Would an idiot do that?" And if they would, I do not do that thing." - Dwight K. Schrute. Not sure 'How to Spot an Idiot'? Have a look at this great commencement speech...............
This week's top 5:
- Who is on strike and when?
- AI Judicial Guidance issued
- The Big Stay: Here are 2024’s talent retention realities
- Can an employer can turn a loss into a win at a tribunal?
- Salary threshold for skilled workers raised from £26,200 to £38,700 and other key immigration changes
And in other news...............Holiday pay headaches? Agnew a mystery? Or are you all over it and sorted? Please fill out our short survey to let us know how you're dealing with (or not dealing with!) the fall-out from the Agnew Supreme Court decision - https://www.surveymonkey.com/r/agnew2024
- Case Law Reviews
- AI and Employment Law
- The Working Time (amendment) Regulations (Northern Ireland) 2023
- Staff Safety
- Industrial Action
- Sickness at Work
- Talent attraction and Retention
- Changes to UK immigration policy: what employers need to know
- Hybrid Working
- Just in Case You Missed It...
- HR Developments
- Employment News in the Media
- GB Developments
- Friends of Legal Island
- Free Webinars This Month
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1. Case Law Reviews
Meenan v DTP Printing Limited [2023] NIIT 21076/22
Summary Description: An extension of time was not allowed for an unfair dismissal claim where the claimant cited mental health difficulties without medical evidence to support it.
Claimant: Liam Meenan
Respondent: DTP Printing Limited
Keywords: Time Limits; Unfair Dismissal
Practical Guidance for Employers:
Yet another case relating to time limits and in this situation the lack of any evidence, especially medical evidence post-employment, was detrimental to the application from the claimant to extend time. The Tribunal noted that the failure of the claimant to seek professional assistance was inexplicable and that there was no basis upon which the application could succeed.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/jan/meenan-v-dtp-printing-limited-20232/
Rainey v Mid & East Antrim Borough Council [2023] NIIT 27807/21
Summary Description: No qualifying disclosure made for general concerns raised in relation to the claimant’s own position and possible bullying of others in the workplace. No automatic unfair dismissal then arose.
Claimant: Ken Rainey
Respondent: Mid & East Antrim Borough Council
Keywords: Unfair Dismissal; Protected Disclosure
Practical Guidance for Employers:
This case demonstrates some of the difficulties that have arisen with remote working in terms of ensuring availability and that the work is being completed. This case also demonstrates the importance of the probationary period and how having a procedure in place for how probation will be handled can protect both employee and employer. The claimant’s resistance in engaging made it a very difficult process yet one where the employer was able to engage appropriately and allow for a decision to be reached.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/jan/rainey-v-mid--east-antrim-borough-council-2023/
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 Judicial Guidance issued
Official guidance has been released by the Courts and Tribunals Judiciary on AI. Following consultation with all judicial office holders, this guidance has been produced by a cross-jurisdictional judicial group to assist the judiciary, their clerks, and other support staff on the use of AI. Read the guidance here:
https://www.judiciary.uk/wp-content/uploads/2023/12/AI-Judicial-Guidance.pdf
The top public sector tech trends to look out for in 2024
As 2024 begins – and in time-honoured fashion – PublicTechnology editor Sam Trendall picks five themes that will play a big role in the months ahead. Spoiler alert: AI may be mentioned:
https://www.publictechnology.net/2023/12/27/government-and-politics/the-top-public-sector-tech-trends-to-look-out-for-in-2024/
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3. The Working Time (amendment) Regulations (Northern Ireland) 2023
The new Working Time Regulations came in to force on 1st January 2024. In summary they:
- Place obligations on an employer to encourage workers to take leave and inform them if they don't that it will be lost.
- Provide for rights to carry over holiday in certain circumstances into the next leave year. For example, if workers are unable to take leave due to family-related statutory leave (e.g. maternity) and sick leave (as long as it's taken within 18 months of the end of the original leave year). Interestingly it also allows for carry-over of leave if an organisation has failed to recognise the worker's right to leave, failed to give the worker reasonable opportunity to take the leave or has not informed the worker that any untaken leave may be lost.
- Clarifies what must be included in a week's pay for 4 weeks' holiday (known as 'normal renumeration').
Access the Regulations here:
https://www.legislation.gov.uk/nisr/2023/223/contents/made
With thanks to Michelle McGinley of Employer's Federation for her ever-informative post on this:
https://www.linkedin.com/posts/activity-7147952782925316097-w7Ey?utm_source=share&utm_medium=member_desktop
And Lewis Silkin (NI) LLP have helpfully provided some great guidance. Find it here:
https://www.lewissilkin.com/en/insights/working-time-changes-in-northern-ireland-heres-what-it-means-for-employers
Legal Island want to help with your holiday pay headaches! Please fill out our short survey here:
https://www.surveymonkey.com/r/agnew2024
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4. Staff Safety
Over 1,000 attacks on Translink staff in six years, figures show
The number of physical and verbal attacks on public transport staff in Northern Ireland has hit over 1,000 since 2018, new figures reveal. Translink recorded 1,017 incidents between 2018 and 2023 to date, figures obtained by Belfast Live through a Freedom of Information request show. More on this from Belfast Live:
https://www.belfastlive.co.uk/news/northern-ireland/over-1000-attacks-translink-staff-28362836
Retailers want rest of UK to follow Scotland’s example over law protecting shop staff
Reported assaults on shop staff in Scotland have increased by 50% year on year since Holyrood introduced a standalone offence aimed at protecting retail workers facing escalating levels of violence since the pandemic. Retail representatives across the rest of the UK are calling for similar protection as the most recent figures compiled for the Guardian by Police Scotland reveal the shocking rates of assaults and threatening or abusive behaviour against retail workers since the legislation came into force in August 2021. More from the Guardian:
https://www.theguardian.com/business/2024/jan/01/retailers-want-rest-of-uk-to-follow-scotlands-example-over-law-protecting-shop-staff
MoD civil servant alleges three sexual assaults by colleagues
A female civil servant at the Ministry of Defence has recounted suffering three separate sexual assaults while working at the MoD and the department’s inadequate response to her complaints. The woman decided to speak out anonymously – via the Prospect trade union – after reading media reports in November that 60 senior female officials had made allegations of sexual assault, harassment and abuse in the MoD in a letter to permanent secretary David Williams. More from Civil Service World:
https://www.civilserviceworld.com/professions/article/mod-civil-servant-alleges-three-sexual-assaults-by-colleagues
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5. Industrial Action
Who is on strike and when?
Personnel Today monitors the latest developments concerning major industrial action in different sectors, outlining who is on strike and when, including public sector workers across Northern Ireland who have scheduled a day of strike action on 18 January:
https://www.personneltoday.com/hr/who-is-on-strike-and-when/
The longest-ever NHS strike: What you need to know as junior doctors walk out
The longest strike in the history of the NHS is under way as junior doctors take part in a six-day walkout. Thousands of junior doctors, who make up nearly half the doctor workforce in the NHS, are expected to have taken part in the stoppage in England from 07:00 GMT Wednesday 3rd of January. The BBC has more here:
https://www.bbc.co.uk/news/health-67867273
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6. Sickness at Work
NI civil service sickness rates 'continually higher' than elsewhere in UK
Research from Ulster University has found that staff sickness rates in the Northern Ireland Civil Service are “continually” higher than among counterparts elsewhere in the UK or officials in the Republic of Ireland. Read more:
https://www.civilserviceworld.com/professions/article/study-flags-continually-higher-nics-sick-rates-compared-with-uk-civil-service
People who work at home record lowest sickness absence rates
People who are able to work at home have recorded the UK’s lowest sickness absence rates, analysis has found. Among other key findings by Ulster University’s Economic Policy Centre, which compared absence rates across the UK, was that the sickness rate for workers in Wales had increased to 3.6% of working days between 2019 and 2022. More workers in Northern Ireland called in sick in 2022 than in any of the previous eight years, the study also revealed. Read in full:
https://www.personneltoday.com/hr/people-who-work-at-home-record-lowest-sickness-absence-rates/
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7. Talent Attraction and Retention
NI Jobs: Most in-demand professionals 2023
2023 was a year marked by both challenges and resilience in Northern Ireland’s job market and this report provides valuable insights into the hiring market of 2023:
https://www.nijobs.com/recruiters/wp-content/uploads/2023/12/Most-In-Demand-Professionals-2023.pdf?li_fat_id=7b523f3b-e9e3-4a02-aa88-19ae02e7321a
FTSE 100 bosses earn UK average salary in three days, says High Pay Centre
Bosses of Britain's biggest companies will have made more money in 2024 by lunchtime on Thursday than the typical worker will all year, research claims. By 13:00 GMT, the pay of FTSE 100 chiefs will have overtaken the £34,963 annual median wage for full-time workers, the High Pay Centre says. Including pensions, top bosses' average reward amounts to £3.81m per year, the centre says. That works out to £1,170 per hour - 109 times the average full-time worker. More from the BBC:
https://www.bbc.co.uk/news/business-67877235
The Big Stay: Here are 2024’s talent retention realities
The trend dubbed the “Big Stay” in an attempt to make it as catchy a term as its predecessor the Great Resignation, will raise different pressures for employers in 2024. While companies may no longer need to worry about a mass exodus of talent, they will need to meet workers’ higher expectations around internal career growth opportunities, to keep them engaged and motivated and avoid burnout and quiet quitting. More from Worklife:
https://www.worklife.news/talent/talent-hiring-recruitment-trends-2024/
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8. Changes to UK immigration policy: What employers need to know
On 4 December, the UK Home Secretary announced measures to slash migration to the UK. This followed figures from the Office for National Statistics (ONS) that showed total net migration of 745,000 in the year to December 2022, and 672,000 in the year to June 2023. The proposed changes will have huge implications for many employers across a range of industries as they continue to deal with hard-to-fill vacancies. Key changes include:
- The most significant change was an increase in salary threshold for Skilled Workers from £26,200 to £38,700. This rise is almost 50% and is higher than the average for full-time workers in the UK (£34,963).
- The government has asked the Migration Advisory Committee (MAC) to compile an Immigration Salary Discount List (ISDL), replacing the Shortage Occupation List (SOL). These will be the occupations that will be exempt from the higher salary threshold.
- The changes in salary will not apply to health and care workers, who have made up nearly 70% of migrant workers since the reforms in January 2021.
More from the CIPD:
https://www.cipd.org/uk/views-and-insights/thought-leadership/cipd-voice/uk-immigration-changes/
You can read more about these changes and others still to take place from this government factsheet:
https://www.gov.uk/government/news/fact-sheet-on-net-migration-measures-further-detail
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9. Hybrid Working
Will hybrid working models survive 2024?
There has been a push for businesses around the world to get back to the office. Employees have, in many instances, rejected this rhetoric – will the debate continue into 2024? HRD Connect has more here:
https://www.hrdconnect.com/2023/12/21/will-hybrid-working-models-survive-2024/
4-Day weeks and hybrid work could unite workplaces in 2024
Data from throughout 2023 to reveal the biggest work trends of the year, as well as those set to shape how we work in 2024 from HR Director:
https://www.thehrdirector.com/business-news/flexible-agile-working/4-day-weeks-hybrid-work-unite-workplaces-2024/
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10. Just in Case You Missed It...
An employee has requested annual leave to celebrate Hanukkah and has offered to work over the Christmas break. How do I Handle it?
Emma Doherty, Associate in Tughans LLP, answers December's problem: “December is the busiest month of the year for us and we refuse requests for annual leave in the build up to Christmas. We then shut down for the Christmas holidays and all employees must take annual leave. An employee has requested annual leave in December to celebrate Hanukkah with his family and has offered to work during the shutdown period over the Christmas break. How do I handle it?”
https://www.legal-island.com/articles/uk/features/how-do-i-handle-it/2023/december/AnEmployeehasRequestedAnnualLeavetoCelebrateHanukkah/
Until we meet again
It is with a heavy heart that we bid adieu to Olga Pollock's wonderful and thought-provoking articles, broadening our perspectives and making us smile. Catch up on all her 2023 articles below:
https://www.legal-island.com/articles/uk/features/hr/2024/until-we-meet-again/
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11. HR Developments
It’s time to prioritise employees’ financial health
When an individual has financial health, they experience greater overall well-being and bring their best selves to the workplace. Unfortunately, 80% of employees report being financially stressed, and only 28% of employers offer financial wellness programs. Today’s workers must navigate complicated benefits packages and make critical decisions about their personal finances with limited or no guidance from their employers. This article discusses three steps you as an employer can take to boost the financial health of your employees and alleviate money-related stress and distractions:
https://hbr.org/2024/01/its-time-to-prioritize-employees-financial-health
How an employer can turn a loss into a win at a tribunal
Employers often ask if they’re going to win a claim. Even if a tribunal finds that an employee has been unfairly dismissed, if the amount they award the employee is less than you were willing to pay, that might be a win. The employment team at Freeths explains the ways you can reduce an unfair dismissal award in this article from HR Magazine:
https://www.hrmagazine.co.uk/content/comment/how-an-employer-can-turn-a-loss-into-a-win-at-a-tribunal
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12. Employment News in the Media
Competition among supermarkets to retain workers has seen Sainsbury’s announce fresh pay rises from March. It will increase minimum pay for employees outside London to £12 an hour, with wages for staff inside the M25 increasing to £13.15 an hour, just a few pence short of what the sector’s top payer, Aldi, is offering. Read more:
https://www.personneltoday.com/hr/sainsburys-2024-pay-rise/
A carer who was sacked after reporting her boss for stuffing a sock in a care home resident's mouth to 'stop him from shouting' has lost her case for unfair dismissal. Jodie Pelling also reported the female manager for using a lighter to frighten another person being cared for at the home in Eastbourne, an employment tribunal was told. She took bosses to the tribunal, claiming unfair dismissal, but a judge ruled the 'principle reason' for her sacking had been her absence from work, and not her disclosures relating to the manager's conduct. You can read more here from the Daily Mail:
https://www.dailymail.co.uk/news/article-12909247/Carer-sacked-reporting-boss-stuffing-sock-care-home-residents-mouth-stop-shouting-loses-unfair-dismissal-case.html
A female cleaner has lost her case for sex discrimination after claiming a male colleague 'deliberately splattered' poo across toilets for her to clean. Jenniene Talbot was employed as a cleaning operative at Par Market - one of the UK's largest indoor markets in St Austell. During an employment tribunal hearing, in which Ms Talbot represented herself, it was claimed her colleague Antony Trethewey had taken offence that as a 'mature woman' she did her job 'properly' and in response, he 'deliberately splattered/ soiled the toilets'. You can read more from the Daily Mail here:
https://www.dailymail.co.uk/news/article-12916097/Cleaner-loses-sex-discrimination-case-failing-prove-man-responsible-leaving-explosion-excrement-disabled-loo-scrub.html
A Lidl worker who alleged her boss “pressurised” female workers to swim in front of him during a work trip to Center Parcs has won £22,000 in a sex discrimination case. Lydia Callaghan won claims of sex discrimination and victimisation due to the way the supermarket handled her complaints. The tribunal also ruled Lidl failed to make reasonable adjustments after forcing her to travel “substantial” distances despite a knee disability, but it ruled the supermarket did not discriminate against her because of her disability reports the Mirror:
https://www.mirror.co.uk/news/uk-news/lidl-boss-pressurised-female-staff-31777122
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13. 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.
Insolvency, collective redundancies and criminal liability
A Supreme Court ruling provides important clarification on potential criminal liability arising from failing to properly conduct a collective redundancy process, as Sarah Ozanne and Tracey Marsden explain in this article from People Management:
https://www.peoplemanagement.co.uk/article/1856174/insolvency-collective-redundancies-criminal-liability
What’s happening in UK employment law in 2024?
From carer’s leave and day 1 flexible working requests to new laws requiring proactive steps to prevent workplace sexual harassment, there’s a lot of legislative change on the horizon. Here’s Lewis Silkin's summary of what to expect in employment law in 2024:
https://www.lewissilkin.com/en/insights/whats-happening-in-uk-employment-law-in-2024
When will the 15 free hours of childcare for two-year-olds begin in GB?
Working parents in England could apply for 15-hours of funded childcare for their two-year-old from 2 January. From April, working parents of two-year-olds will get 15 hours per week during term time, with children from nine months included from September. The expansion should have fully rolled out by September 2025. BBC has more here:
https://www.bbc.co.uk/news/education-62036045
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14. Friends of Legal Island
Labour Relations Agency 2023 Round-up Newsletter
Catch up on the 2023 round-up from the LRA here:
https://mailchi.mp/d1a7320c8101/welcome-to-your-new-look-lra-december-newsletter?e=80fc7b352a
Information Commissioner’s Office MBE awards in the King’s New Year Honours List
ICO Deputy Chief Executive, Paul Arnold and Senior Independent Director, Nicola Wood have been awarded MBEs in the King’s New Year Honours List. Congratulations from all of us at Legal Island!
https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2023/12/information-commissioner-s-office-mbe-awards-in-the-king-s-new-year-honours-list/
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15. Free Webinars This Month
Unlocking the HR Advantage: 2024 Recruitment Trends and Strategies
Thursday 11th January 2024 (12.15pm - 1.15pm)
The session has been pushed back to early January, to reflect on the entire year in 2023, highlighting key HR and recruitment trends, as well as discussing what lies ahead in 2024.
Join Julie Holmes from Legal Island and Ryan Calvert, Head of Human Resources, Sales and Marketing Recruitment for our MCS Lunch and Learn, as they hold an annual recruitment wrap-up, where Ryan will delve into the latest recruitment trends in roles, pay and sector differentiators. Stay up-to-date with recruitment insights to gain a competitive edge in the talent market. You can reserve your spot here:
https://attendee.gotowebinar.com/register/7985468612205165143?source=RU
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Employment Law at 11 - With O'Reilly Stewart Solicitors
Friday 2nd February 2024 (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/1955930466134401113?source=WR
Check out previous discussions:
https://www.legal-island.com/resources/any-questions-webinars/
Enjoy the weekend.
Legal-Island
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