April showers bring stress-relief powers! Get ready to breeze through Stress Awareness Month with our latest HR updates designed to lighten your load and brighten your day.
This week's top 5:
- Multi-million pound AI centre to open in NI
- One in eight workers in NI impacted by minimum wage boost
- Workplace keyboards 20,000 times dirtier than a toilet seat
- More women are applying for jobs in Europe than North America. Why?
- April is stress awareness month but 47% of people feel stressed or overwhelmed at work
And in other news...............our online workshop 'Back to Basics: Employment Law in Northern Ireland' on 23 and 24 of April is an essential deep dive into the critical aspects of Northern Ireland's employment law for HR professionals. You can find out more here.
CONTENTS
- Case Law Reviews
- AI and Employment Law
- Payments and Wages
- UK tribunal overturns dismissal for prank at work: a win for workplace banter?
- Expert guide to spring immigration rules statement of changes
- DEI
- Use of NDAs to prevent reporting a crime to be banned
- 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
Bathgate v Technip Singapore Pte Ltd [2023] CSIH 48
Summary Description: A settlement agreement covered future age discrimination claim. Additionally, the claimant was not protected under the legislation by virtue of being a seafarer.
Claimant: Bathgate
Respondent: Technip Singapore Pte Ltd
Keywords: Redundancy; Age Discrimination; Settlements
Practical Guidance for Employers:
Whilst this case demonstrates a narrow exception to the application of the legislation relating to those who work at sea – the more interesting aspect relates to the court’s approach when it comes to settlement agreements. The fact that the specific claim was mentioned meant that it could relate to a future claim arising rather than a blanket approach stating that future claims could not be covered by a settlement agreement.
Read the review in full:
https://www.legal-island.com/articles/uk/case-law/2024/april/bathgate-v-technip-singapore-pte-ltd-2023/
Leathem-Flynn v HMRC [2024] NIIT 2605/23
Summary Description:
A resignation was unambiguous and going through the normal administrative processes after that did not amount to an implied consent of it being retracted.
Claimant: Patrick Leathem-Flynn
Respondent: HMRC
Keywords: Unfair Dismissal
Practical Guidance for Employers:
An interesting case relating to whether it amounted to a dismissal or a resignation when the respondent asked for a sick note after the date of the resignation, yet when they were asked to retract the resignation, it was refused. The Tribunal cited that there can be normal administrative processes which can delay the process of resignation and that is to be expected. That does not amount to an implied acceptance of a retraction.
Read the review in full:
https://www.legal-island.com/articles/uk/case-law/2024/april/leathem-flynn-v-hmrc-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
This week, Barry asks whether any employer in the knowledge sector has gone as far as wholesale adoption of ChatGPT4 and if not, why not?
Multi-million pound AI centre to open in NI
Economic development agency Invest NI and the Department for the Economy announced a new £16.3m investment in an artificial intelligence centre. The new Artificial Intelligence Collaboration Centre (AICC) will be based at Ulster University’s Belfast and Londonderry campuses in partnership with Queen’s University, Belfast. Invest NI has said that the AICC will focus on increasing business awareness and adoption of AI technology to “boost competitiveness and productivity across all industries including logistics, finance, life-sciences, manufacturing and agri-tech”. More from the Belfast Telegraph:
https://www.belfasttelegraph.co.uk/business/northern-ireland/multi-million-pound-ai-centre-to-open-in-ni/a1335060801.html
Scotland to introduce mandatory national register of public sector AI
The newly launched Scottish AI Register online platform currently encourages public sector entities across the country to provide details of their AI use on a voluntary basis. But the Scottish Government has announced that submitting data will soon be mandatory. The government’s own departments will be the first bodies required to provide information on their deployments of AI, with other parts of the public sector brought under the publication regime in due course. Public Technology has more on this story:
https://www.publictechnology.net/2024/04/04/society-and-welfare/scotland-to-introduce-mandatory-national-register-of-public-sector-ai/
AI posing ‘significant barrier’ to young workers as 8 million jobs put at risk
As many as 8 million jobs could be lost to AI a report from the Institute for Public Policy Research (IPPR) has found, with entry-level, those in part time jobs and women among the most affected. The report, How Generative AI could affect work in the UK - and how to manage it, outlined that “women will be significantly more affected because they are most likely to work in the most exposed occupations such as secretarial and administrative occupations”. The report identified two key stages of generative AI adoption: the first wave, in which companies experiment with AI programmes to aid with mundane tasks, while the second wave will see companies integrate AI technologies further and more deeply into processes. More from People Management:
https://www.peoplemanagement.co.uk/article/1867477/ai-posing-significant-barrier-young-workers-8-million-jobs-put-risk
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3. Payments and Wages
Minimum wage increase a concern for NI businesses
The minimum wage increase will boost pay packets for low paid workers but businesses have warned of a "perfect storm" of cost pressures. It is estimated the impact will be felt by one in eight workers in Northern Ireland. From Monday 1 April, employees aged 21 and over were entitled to the National Living Wage of £11.44 an hour, up from £10.42. More from the BBC:
https://www.bbc.co.uk/news/uk-northern-ireland-68674742
What are the National Minimum Wage, National Living Wage and Real Living Wage?
And here's a handy guide from the BBC which provides an overview of the different payments and entitlements:
https://www.bbc.co.uk/news/uk-politics-48445674
The Employment Rights (Increase of Limits) Order (Northern Ireland) 2024
This Order revises the limits on awards and payments under certain employment rights legislation in line with the rate of inflation. It will come into operation on 6th April 2024:
https://www.legislation.gov.uk/nisr/2024/86/contents/made
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4. UK tribunal overturns dismissal for prank at work: a win for workplace banter?
A recent decision by the Watford Employment Tribunal in Richardson v West Midlands Trains Ltd saw a train driver reinstated and awarded £40,000 after he was found to have been unfairly and unlawfully dismissed for performing pranks on a colleague. Given the increase in claims relating to “banter” over the past couple of years, this appears to be great news for fans of Punk’d everywhere.
But does this mean employees can dust off their whoopie cushions and begin making plans to prank their unsuspecting colleagues without risk of disciplinary action up to and including dismissal? Lexology has more here:
https://www.lexology.com/library/detail.aspx?g=35850989-a455-4357-890b-0adb94f2b26f
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5. Expert guide to spring immigration rules statement of changes
Headlines have been dominated by minimum income increases from £18,600 to £29,000 and eventually £38,700 for sponsoring partners on family visas. Yet serious implications for employers sponsoring migrant workers have been largely underreported. HR teams that don’t want to jeopardise their eyesight squinting over a rather opaque 289-page Statement of Changes can find a summary of work visa changes which came into effect on 4 April below from HR Director:
https://www.thehrdirector.com/business-news/brexit/expert-guide-spring-immigration-rules-statement-changes/
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6. DEI
Ulster University: LGBT Pride 'problematic' for Qatar campus
A senior Ulster University academic has said sending information on LGBT Pride to students at its Qatar campus is "highly problematic". Prof Odette Hutchinson said that while the university should celebrate Pride, it needs to be "cognisant of different cultural expectations". Human rights campaigners urged the university not to have "double standards" on freedom of expression. The BBC has more on this story:
https://www.bbc.co.uk/news/uk-northern-ireland-68659113
More women are applying for jobs in Europe than North America. Why?
A confluence of economic and social factors is driving higher job applications from women in Europe. In a tough job market and tumultuous global economy, women are searching for jobs in droves. In some places across the world, female jobseekers outnumber their male counterparts. Find out why here:
https://www.bbc.com/worklife/article/20240401-women-job-applications-europe-vs-north-america
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7. Use of NDAs to prevent reporting a crime to be banned
The government will ban the use of non-disclosure agreements (NDAs) to prevent workers from reporting a crime, such as sexual harassment at work. It intends to introduce legislation that will clarify that NDAs cannot be legally enforced if they prevent victims from reporting criminal conduct. It will mean they will be able to speak to the police or other enforcement bodies, as well as lawyers, counsellors and medical professionals, without worrying about the repercussions of breaching any confidentiality clauses imposed by their employer. Personnel Today has more:
https://www.personneltoday.com/hr/use-of-ndas-to-prevent-reporting-a-crime-to-be-banned/
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8. Just in Case You Missed It...
An Employee has Made Substantial Changes to Disciplinary Hearing Meeting Minutes: How do I Handle it?
Tughans LLP on employment law and difficult workplace scenarios. This month’s problem concerns:
“We have just carried out a disciplinary hearing with an employee. They have received the meeting minutes and have made substantial changes, which make it seem like the manager was very aggressive and one-sided – which we don’t agree with. We are almost certain that they will bring an unfair dismissal claim if they don’t like the outcome. How do I handle it?”
https://www.legal-island.com/articles/uk/features/how-do-i-handle-it/2024/march/an-employee-has-made-substantial-changes-to-disciplinary-hearing-meeting-minutes-how-do-i-handle-it/
Bullying v Harassment
Bullying and harassment frequently intersect in employment matters due to their shared characteristics, such as the presence of abusive behaviour and a tendency to involve an abuse of power. Acquiring the necessary skills to effectively address these issues within the workplace is crucial for managers and staff members as this will enable them to navigate such situations should they arise. By developing a comprehensive understanding of these dynamics, organisations can proactively create a safe and respectful work environment while effectively addressing any instances of bullying or harassment.
https://www.legal-island.com/articles/uk/features/hr/2024/march/bullying-v-harassment/
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9. HR Developments
With this being Stress Awareness month...
Top tips to enhance employee wellbeing and happiness
Discover insights from a survey of over 1,200 employees revealing concerning trends in workplace stress and dissatisfaction, including 47% of people feel stressed or overwhelmed at work. The survey also shows work life balance (46%), job security (32%), atmosphere and relationships (31%) and flexibility (30%) are the main factors that contribute to happiness at work. More from HR Director:
https://www.thehrdirector.com/business-news/employee-engagement/top-tips-enhance-employee-wellbeing-happiness/
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10. Employment News in the Media
Personal data belonging to 73 million current or former AT&T customers has been leaked online. Information including addresses, social security numbers and passcodes was published on the dark web, the US telecoms giant said. AT&T said it had not identified evidence indicating the data had been stolen but had brought in cybersecurity experts to investigate. More on this from the BBC:
https://www.bbc.co.uk/news/world-us-canada-68701958
A woman's claim of racial discrimination and victimisation against an autism charity has been dismissed after a tribunal found that her 'conduct at work and attitude' had caused negative feedback, rather than her race. Miss L Subramaniam brought a claim against the Berkshire-based charity Autism at Kingwood in September 2023, following "direct race discrimination and victimisation". However, emails given to the employment tribunal indicated that she was "often late, cancelled shifts at the last minute, wasn't a team player and did not listen to (other) staff". More from Yahoo:
https://uk.news.yahoo.com/tribunal-dismisses-womans-racial-discrimination-163000988.html
A teaching assistant has won more than £9,000 in a sexual harassment case after the female headteacher at his school said he looked 'fit' in Speedos. Nikoloz Papashvili became the subject of staffroom 'banter' when colleagues at a school in Ealing, west London, laughed at sexual innuendos made by headteacher Shelagh O'Shea, an employment tribunal heard. However, Mr Papashvili's compensation award of £9,309 was reduced significantly due to his conduct. The tribunal found he had been dishonest and told multiple lies, according to the Daily Mail:
https://www.dailymail.co.uk/news/article-13267573/teaching-assistant-sex-harassment-case-female-headteacher-fit-Speedos.html
A Basildon depot worker has won a £7,000 payout after a judge ruled he had been underpaid for 12 months. Mr Claiver was working at the Argos Pipps Hill depot which was later taken over by DHL. The claimant went on sick leave in November 2022 and was paid approximately £709 a month less. The respondent’s case is that because he was on sickness absence, he was not entitled to London Weighting. More from the Echo:
https://www.echo-news.co.uk/news/24229358.basildon-employee-awarded-7-056-wages-hearing/
A mother who was stereotyped as an emotional pregnant woman by her manager and did not receive a risk assessment ahead of her return from maternity leave has won a constructive dismissal claim against facilities management giant Mitie. Claimant Ms Hinds, who worked on the company’s contract with Sainsbury’s, was not properly supported by her manager, Mr Kalley, before or after her maternity leave. An employment tribunal found he effectively wanted her out of the way as soon as possible. More here from Personnel Today:
https://www.personneltoday.com/hr/pregnant-constructive-dismissal-claim-mitie-hinds/
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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.
The Employment Relations (Flexible Working) Act 2023 (Commencement) Regulations 2024
Comes into force on 6th April 2024 in England, Scotland and Wales:
https://www.legislation.gov.uk/uksi/2024/438/introduction/made
Childcare: Free 15 hours expands to two-year-olds in England
Parents in England can now access 15 hours of free weekly childcare for their two-year-olds. The government hopes the scheme, which extended to include this age group on 1 April, will help parents return to work. The scheme will extend to all under-5s from late 2025, but critics say there are not enough places to meet demand. The BBC has more on this story:
https://www.bbc.co.uk/news/education-62036045
Further to this update however...
Parents’ plans to increase hours hampered by childcare access
More parents in England plan to increase their working hours or return to work as they become eligible for free childcare support, but many are struggling to access childminders or nursery places. According to long-term savings business Phoenix Group, 71% of working parents said they would increase their hours if they could access free childcare support, and 64% of those currently out of work said they hoped to return to employment. However, despite the expansion of free childcare places from 1 April, one in six adults within a child under five have found it difficult to access formal childcare. Read more:
https://www.personneltoday.com/hr/working-parents-childcare-access-phoenix-group/
April 2024: A summary of employment law changes coming into effect this month in GB
This article from Lexology outlines the various changes to employment laws come into effect in GB during April 2024, largely impacting on family-friendly rights but also on statutory pay rates and holiday pay rules. The changes to flexible working and family-friendly rights are summarised below:
https://www.lexology.com/library/detail.aspx?g=b1de5a11-d095-4c23-af6e-8a897f5803df
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12. Health and Safety Developments
The dirty truths lurking in your office environment
In the bustling world of office dynamics, there are secrets lurking amidst the hum of photocopiers and the clatter of keyboards. From eating at your desk, to how frequently your coworkers wash their hands, Instantprint surveyed 1,000 UK employees, delving deep into the heart of their daily routines to uncover the hidden truths behind their grossest habits. Findings include:
- Only 27% of employees clean their work areas monthly
- 1 in 20 only wash their mug/water bottle once a week
- Workplace computer/ laptop keyboards are 20,000 times dirtier than a toilet seat
More results here:
https://www.instantprint.co.uk/printspiration/be-inspired/brits-reveal-gross-habits
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13. Free Webinars this Month
Employment Law at 11 - With O'Reilly Stewart Solicitors
Friday 12th April (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/4142470966176277849?source=WR
Check out previous discussions:
https://www.legal-island.com/resources/any-questions-webinars/
Enjoy the weekend.
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