They say HR is like a general election: everyone gets a say, promises are made, and in the end, someone is always dissatisfied. You can however, satisfy your curiosity about what a Labour win means for employment in the UK and more specifically, look at plans for NI's 'Good Jobs' bill in this week's Round Up

This week's top 5:

1. 58% of international medical graduates said NHS induction not adequate
2. It's here! Consultation on the NI 'Good Jobs' Employment Rights Bill - have your say
3. Are poor data capabilities and lack of tech awareness undermining HR’s strategic role?
4. Seven-in-ten under-34s say school and university didn’t prepare them for the workplace 
5. New BSI standard launched to ensure effective safeguarding

And in other news...............one in five employees could be coping with domestic abuse.  Join us at 'Employment Law at 11' THIS MORNING to hear what our experts have to say about HR's role in addressing domestic abuse.

CONTENTS

1. Case Law Reviews
2. NI 'Good Jobs' Employment Rights Bill
3. AI and Employment Law
4. Skills in the workplace
5. Safeguarding
6. No further strikes while Aer Lingus pilots await Irish Labour Court ruling
7. Retail is helping to shift dial on diversity and inclusion
8. Just in Case You Missed It...
9. HR Developments
10. Employment News in the Media
11. GB Developments
12. Free Webinars This Month

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1. Case Law Reviews

Taylors Service Ltd v Revenue and Customs Commissioners [2024] EAT 102

Summary Description: Time spent travelling to a place of work by minibus provided by the employer did not constitute ‘work’ for the purposes of national minimum wage.

Claimant: Taylors Service Ltd

Respondent: Revenue and Customs Commissioners

Keywords: National Minimum Wage

Practical Guidance for Employers:
An interesting case in terms of what is meant by work for the purposes of when the employers are obliged to pay the national minimum wage.  The Tribunal makes it clear here that the Regulations must be read together rather than being read separately – therefore when it relates to travel it will not constitute ‘work’.  This does not change depending on the mode of travel or that it was solely for going to the place of work.

Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/july/taylors-service-ltd-v-revenue-and-customs-commissioners-2024/

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NSL Ltd v Zaluski [2024] EAT 86

Summary Description: Appeal allowed where the Tribunal did not consider the general group impact of a policy when it comes to indirect discrimination – there had been too much focus on the individual case in making the original decision.

Claimant/Respondent on Appeal: P Zaluski

Respondent/Appellant on Appeal: NSL Ltd

Keywords: Race Discrimination

Practical Guidance for Employers:
This decision provides two key learning points. When it comes to indirect discrimination relating to a policy there is a need to ensure that it is looked at from the perspective of a general group rather than looking at specific cases or individuals.  Secondly, when it comes to the harassment point – having a negative view based upon an individual’s nationality which then leads to greater threats being made when it comes to leave then that would amount to harassment.

Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/july/nsl-ltd-v-zaluski-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. The NI 'Good Jobs' Employment Rights Bill

The Department for the Economy is seeking views on a range of policy areas relating to employment rights, aimed at realising the potential of the Minister’s Good Jobs ambition. The consultation will explore a wide range of employment law changes that will help to:

• improve terms of employment and pay and benefits
• support working families and an improved work life balance
• develop the voice and representation of employees in the workplace.

The consultation closes on 30 September at 17:00 and you can find out more here:
https://www.economy-ni.gov.uk/consultations/good-jobs-employment-rights-bill

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3. AI and Employment Law

The AI Revolution. How does it stack up against revolutions of the past?

Barry Phillips takes a moment to ask just how the current AI revolution compares to the Industrial and Digital Revolutions:

Would having an AI boss be better than your current human one?

Hannu Rauma is a senior manager at a company called Student Marketing Agency. His company recently introduced an AI manager that helps the agency’s employees, who work flexible hours remotely, to set their schedules and plan their workloads in advance. The AI manager checks employee timekeeping, sends them deadline reminders and regular check-in messages, and records the time spent on different clients, so the latter can be billed accurately. “I'm able to focus on the growth of the company and all the positive things. It's added years to my life, I'm sure,” Rauma says. More from the BBC:
https://www.bbc.co.uk/news/articles/c03lgz2zrg1o

What does the future of work look like with AI?

According to Gartner, 76pc of HR leaders believe that if their organisation does not adopt and implement AI solutions in the next 12-24 months, they will be lagging in organisational success compared to those that do. BearingPoint’s Gerard Hayes and Lorraine Murphy discuss the transformation process across four key dimensions: people, architecture, routines and culture, in this article for Silicon Republic:
https://www.siliconrepublic.com/careers/future-of-ai-work-bearingpoint-automation-workforce

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4. Skills in the workplace

NI Skills Agenda - £12m up for grabs

Conor Murphy, Minister for the Economy, announced a ring-fenced fund of up to £12m for skills interventions in Northern Ireland. This includes:

• £6m to fund a new Skill Up programme.
• £1m to fund Skills Focus and Innovate Us, both of which are delivered by Further Education colleges.
• £800k to fund green skills development. This will include new training courses and apprenticeship content.

You can read the full statement here:
https://www.economy-ni.gov.uk/ministers-speech-update-skills-agenda-02-july-2024#toc-2

NHS induction ‘inadequate’ for overseas doctors

In a Medical Protection Survey (MPS) of 737 international medical graduates who started NHS roles in the past five years, 58% said their induction was not adequate or appropriate, and 48% felt anxious about starting clinical duties because of this. Thirty-eight per cent said there was insufficient time shadowing other doctors, and 45% said their induction did not include training on cultural differences and acceptability in the UK. Nearly two-thirds (61%) said they felt fearful of legal issues arising. More from Personnel Today:
https://www.personneltoday.com/hr/overseas-doctors-nhs-induction-mps-survey/

Seven-in-ten under-34s say school and university didn’t prepare them for the workplace 

Cypher Learning surveyed 794 workers aged 18-34 at companies with over 500 employees. It found seven in ten feel school, college, or university didn’t prepare them for entering the workplace. Moreover, 71% feel there are “a lot of unspoken rules” in the workplace that they need guidance and training on. HR Director has more on this:
https://www.thehrdirector.com/business-news/gen-z/seven-ten-34s-say-school-university-didnt-prepare-workplace/

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5. Safeguarding

New BSI standard launched to ensure effective safeguarding

New safeguarding guidelines designed to help all organizations, including charities, keep people safe and protect the vulnerable from harm have been published by BSI. The new standard comes in light of several high-profile cases exposing organisational failings in relation to safeguarding both adults and children. Changes to legislation outlined the importance of organizations prioritizing robust safeguarding practice at the centre of their operations. HRD Connect has more here:
https://www.hrdconnect.com/2024/07/02/new-bsi-standard-launched-to-ensure-effective-safeguarding/

Euro 2024: Employers must support employees facing domestic abuse

One in five employees could be coping with domestic abuse, with the Euros football tournament potentially putting them at extra risk. According to employee assistance programme (EAP) provider Health Assured, employers have a duty of care to provide support to staff at a time when tensions could be heightened. It cites research from Lancaster University that found a 38% increase in domestic abuse when the England team played. More from Personnel Today:
https://www.personneltoday.com/hr/euros-domestic-abuse-support/

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6. No further strikes while Aer Lingus pilots await Irish Labour Court ruling

Aer Lingus pilot representatives have officially ruled out more strikes while both sides await the Labour Court’s recommendation to resolve a row that has grounded almost 500 flights. Ialpa has told its members it will not ramp up an ongoing work-to-rule during the latest attempt to end the dispute, which involves the State’s “court of last resort” for industrial relations. More from the Irish Independent:
https://www.independent.ie/irish-news/no-further-strikes-while-aer-lingus-pilots-await-labour-court-ruling/a343777316.html

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7. Retail is helping to shift dial on diversity and inclusion

The British Retail Consortium’s new report with The MBS Group published last week, based on data from 200 retailers employing over one million people, shows 98% of retail businesses surveyed have a diversity and inclusion strategy. Board-level ethnic minority representation has almost tripled over the past four years – up from 4.5% in 2021 when the data was first collated, to 12% this year. Women make up 58% of the retail workforce and 56% of head office roles. When asked how progress has been achieved, retailers cited newly appointed D&I leaders, investment in training and mentoring, and support for employee-led initiatives. The Herald has more here:
https://www.heraldscotland.com/opinion/24416424.no-surprise-retail-helping-shift-dial-diversity-inclusion/

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8. Just in Case You Missed It...

Chris Fullerton from Arthur Cox NI answers questions about maternity, contact with employees on maternity leave and redundancy in this month's 'First Tuesday' series:

Can I contact an employee who is on maternity leave?
https://www.legal-island.com/articles/uk/features/q-and-a/2024/july/can-i-contact-an-employee-who-is-on-maternity-leave/

In the situation where there is more than one employee on maternity leave and at risk of redundancy, and only one alternative vacancy, how should I decide who to give it to?
https://www.legal-island.com/articles/uk/features/q-and-a/2024/july/filling-a-single-vacancy-where-more-than-one-employee-on-maternity-leave-and-at-risk-of-redundancy/

When offering a suitable available vacancy to an employee who is on maternity leave in a redundancy scenario, should this offer be made in writing?
https://www.legal-island.com/articles/uk/features/q-and-a/2024/july/offering-vacancy-to-employee-maternity-leave-redundancy-situation/

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9. HR Developments

Businesses are paying a hefty price for high-risk burnout managers

Key findings based on an analysis of a Workday survey data from 2.6 million employees across more than 850 companies and 12 industries around the world include:

• 27% of employees are at high risk of burnout.
• 33% of managers at organisations with high burnout risk fall into the high risk category themselves, compared to 15% at organisations with low burnout risk. In other words, managers at high-risk organisations are two times as likely to be at risk of burnout.
• Employees at high risk organisations, managed by someone with high burnout risk, are 19% more likely to be at risk of burnout themselves.

HR Director has more here:
https://www.thehrdirector.com/business-news/the-workplace/busineeses-paying-hefty-price-high-risk-burnout-managers/

Benefits of outdoor spaces for employees

As an employer, you want to create a work environment that supports this to improve overall job satisfaction, boost productivity, and create a positive atmosphere. In recent years, a popular trend to emerge has been creating an outdoor space for your employees. This article from  Wales 247 will explore a few of the main benefits of outdoor spaces for employees and how you can create a nice outdoor space for your team:
https://www.wales247.co.uk/benefits-of-outdoor-spaces-for-employees

Are poor data capabilities and lack of tech awareness undermining HR’s strategic role

The Talent Labs has just launched new research today that shows that poor data and analytics capabilities are undermining effective people strategies. Although 32% of HR leaders acknowledge data, technology and AI will significantly shape people strategy in the next five years, just 26% say these elements are influencing their people strategy today. Only 2% believe external technology developments are impacting their business and people requirements overall. More from HR Director:
https://www.thehrdirector.com/business-news/data-analytics/poor-data-capabilities-lack-tech-awareness-undermining-hrs-strategic-role/

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10. Employment News in the Media

Sending a birthday card to a worker at HM Revenue & Customs was ‘unwanted conduct’ amounting to harassment, according to a recent tribunal. The birthday card incident happened while Ms Toure was signed off with stress.  Toure had requested that only essential correspondence should be sent to her, and if so by email. In judgment, the tribunal found that repeatedly contacting her during sick leave was “unwanted conduct”. More from Personnel Today:
https://www.personneltoday.com/hr/hmrc-worker-sent-birthday-card-wins-harassment-case/

Star Citizen developer Cloud Imperium Games (CIG) must pay more than £27k to a disabled former employee who brought a discrimination claim against the company. CIG had previously allowed Ah-Thion and other employees to work remotely for several years, but in 2022 decided to take a "tougher" stance on remote work. The tribunal dismissed "rather retrospective" claims by CIG that Ah-Thion's performance had been a concern, and decided that allowing him to work from home would have been a "reasonable adjustment". CIG's penalty of £27,748 includes more than £14k of lost earnings, and £12k compensation for injury to feelings. More from Eurogamer:
https://www.eurogamer.net/star-citizen-developer-ordered-to-pay-27k-to-disabled-worker-in-return-to-office-discrimination-claim

Social workers in the South Eastern Health and Social Care Trust's family and childcare services staged a three-day strike in protest over staff shortages and work-related stress. The industrial action by members of the Northern Ireland Public Service Alliance (Nipsa) trade union began on Wednesday. The union said the action is necessary to protect the “health and wellbeing” of social workers who provide family and childcare services, the BBC reported:
https://www.bbc.co.uk/news/articles/crgrwqn4kj5o

A former ‘genius’ at an Apple Store in London has won his claim for unfair dismissal after he ‘joked’ with a Chinese colleague about ‘you lot’ releasing ‘another deadly disease on the world’, a reference to the Covid pandemic. An employment judge criticised Apple Retail UK for significant deficiencies in its investigation and appeal process and said that no reasonable employer would dismiss somebody by applying a “zero-tolerance policy which does not exist”. Personnel Today has more on this:
https://www.personneltoday.com/hr/apple-genius-unfairly-dismissed-under-non-existent-zero-tolerance-policy/

A takeover by US planemaker Boeing of the factory’s owner, Spirit AeroSystems, has raised questions over its future. Workers and politicians fear a new ownership structure could lead to steep job cuts at one of Northern Ireland’s main manufacturers, which has about 3,500 employees. The Guardian has more here:
https://www.theguardian.com/business/article/2024/jul/03/were-in-limbo-boeing-takeover-leaves-historic-belfast-factory-under-threat-spirit-aerosystems

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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.

Labour government sets out to deliver bold employment agenda

With Labour, as predicted, winning a General Election landslide during a dramatic night in UK politics, employers’ minds will immediately turn to the party’s policies and how and when they will be implemented. Labour plans to address issues such as insecure work, low pay, and exploitative contracts and pledges to “move towards” a simpler two-part employment status framework under its New Deal, much of which it has set out to implement in its first 100 days in power. More from Personnel Today:
https://www.personneltoday.com/hr/labour-government-sets-out-to-deliver-bold-employment-agenda/

CBI CEO tells the next government you can't be pro-growth without being pro-green

The chief executive of the business organisation the CBI warned of the risks of trying to “separate the economy from net zero” and tell whoever forms the next Government they “can’t be pro-growth and deliver for our people and communities, without being pro-green.” More from CBI:
https://www.cbi.org.uk/media-centre/articles/cbi-ceo-tells-the-next-government-you-cant-be-pro-growth-without-being-pro-green-full-speech-text/

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12. Free Webinars This Month

 Employment Law at 11 - With O'Reilly Stewart Solicitors

HR’s Role in addressing domestic abuse

This morning at 11am

As HR professionals, safeguarding the well-being of our employees is a paramount responsibility. Unfortunately, domestic abuse is an issue that affects many, and its repercussions often extend into the workplace, impacting productivity, morale, and overall health. The PSNI recorded over 33000 domestic abuse incidents last year, an increase on the previous 12 months. It is essential HR makes a positive impact by fostering a supportive workplace culture.

In this special edition of Employment Law @11, Seamus McGranaghan from O’Reilly Stewart and Lindsay Harris from ONUS join Julie Holmes from Legal Island to discuss this topic. Lindsay will set out the practicalities and Seamus will provide his legal insights to help you:

• Identify the subtle indicators that a colleague may be experiencing domestic abuse.
• Gain practical strategies to support employees dealing with domestic abuse, ensuring their safety and well-being at work.
• Understand how to create a compassionate workplace environment that prioritises the mental and physical health of all employees, while staying within the law.

Our expert speakers will provide guidance to help you handle these sensitive situations with empathy and effectiveness.

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.

Please note that the employment law matters discussed in this webinar apply primarily to Northern Ireland.

Register Now:
https://attendee.gotowebinar.com/register/6591892606389193557?source=Round+Up

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

Enjoy the weekend!

Legal-Island