If You Only Read 5 Things Today:

1. ‘Toxic’ Culture Exposed: Hospital trust accused of keeping secret staff files 🏥
2. AI in Conflict Resolution: Acas tests tech as workplace disputes rise 💼
3. NI Apprenticeship Awards 2026: Minister champions skills and future talent 📈
4. AI in HR: 5 essentials before your team makes the leap 🖥️
5. Employment Law Focus: Case law spotlight on why crystal-clear contracts count 📑

In other news................This week marked Mum’s Equal Pay Day - from 1 September, mothers in the UK are effectively working for free until year-end compared with fathers! That’s almost three months earlier than Equal Pay Day for women overall. Want to spark a 'lively debate' at home? Try this Household Tracker Setup(!) 💥

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1. Annual Review Session of the Week - NI Employment Law: The 2025 Debrief
2. Case Law Reviews
3. AI and Employment Law
4. Legislation Update
5. Data Protection
6. Modern Slavery: Home Office published international reporting template
7. Minister launches the NI Apprenticeship Awards 2026
8. 'Toxic' hospital trust where 'secret files' held on staff - ex-surgeon
9. Just in Case You Missed It...
10. HR Developments
11. Employment News in the Media
12. GB Developments
13. Free Webinars This Month

The national system for sending emergency alerts to mobile phones will be tested this Sunday, 7 September. The alerts are designed for situations where there is an imminent danger to life, such as during extreme weather events or a terror attack.

If you have a hidden or second phone, you may wish to opt out of these alerts, as they will make a sound and vibrate, even if you have switched your phone to silent. Here's how.

It’s almost here! Legal Island’s Annual Review of Employment Law, our flagship event of the year takes place on 13th November, live at the Crowne Plaza Belfast (and online for those who prefer to tune in from afar).

This is the go-to event for HR professionals who want to stay ahead of the curve, get practical insights from leading experts, and connect with peers who are shaping the future of work.

Each week between now and the big day, we’ll shine a spotlight on the must-see sessions in this year’s packed programme.

Don’t miss out.  Check out the full line-up and secure your spot today: Annual Review of Employment Law 2025

NI Employment Law: The 2025 Debrief

Northern Ireland’s employment law never stands still - Good Jobs proposals, Carer’s Leave, Supreme Court decisions and the impact of DEI roll‑backs in the US are just the start. Join Patricia Coulter, Employment Relations Manager, Labour Relations Agency, for her exclusive annual deep dive on all the key shifts since last November.

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Argence-Lafon v Ark Syndicate Management Ltd [2025] EAT 124

Summary Description: 

Respondent’s cross-appeal upheld because the internal appeal as part of the dismissal process was not fully considered by the Tribunal in determining that the dismissal was procedurally unfair.

Claimant: 

O Argence-Lafon

Respondent: 

Ark Syndicate Management Ltd

Practical Guidance for Employers:

The issues of protected disclosures can be occasionally technical and here whilst there was a finding of such disclosures, it was found that the detriments complained of where not principally due to those disclosures.  Further, the EAT makes it clear that the Tribunal has to consider whether the internal appeal process as part of the disciplinary process is sufficient to cure or remedy any procedural failings in the original decision.

Read the Review in full: Argence-Lafon v Ark Syndicate Management Ltd [2025]

Smart v Concentrix CVG Intelligent Contact Ltd [2025] NIIT 36592/24

Summary Description: 

Claimant’s claim dismissed for being out of time – it was reasonably practicable for the claimant to submit the claim considering that he could access the internet and do his research.

Claimant: 

Alan Smart

Respondent: 

Concentrix CVG Intelligent Contact Ltd

Practical Guidance for Employers:

This case provides another example of how the Tribunal determines whether it was reasonably practicable for the claimant to submit a claim on time.  There were some issues of ill health but not covering the whole period and looking at what the claimant could do along that period the Tribunal found that he ought to have submitted his claim on time.  The fact it was out of time meant the claim was dismissed.

Read the Review in full: Smart v Concentrix CVG Intelligent Contact Ltd [2025]

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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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5 Things to Know When Your HR Team is Implementing AI

As artificial intelligence rapidly transforms the business landscape, HR departments find themselves at the epicenter of organizational change. From recruitment automation to predictive analytics for employee retention, AI implementation in HR has moved from experimental to essential. However, successful AI adoption requires strategic planning and careful consideration of multiple factors that extend far beyond the technology itself. HRD Connect looks at five critical factors to consider when your organisation is implementing AI tools. Read more here.

Acas turns to AI as workplace conflict surges – but can tech help resolve human disputes?

UK arbitration service will explore use of technology in resolution process, but experts warn AI can’t replace human judgement. People Management has more on this.

Why Representing HR via GenAI Just Got a Whole Lot Better

This week Barry Phillips looks at the new version of Gemini Pro Flash that takes image generation to a new level.

 
You can also access this episode here.

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Top tech firms urged to prep for new anti-fraud obligations

The Crown Prosecution Service has warned big businesses – including major government tech suppliers – as well as charities and other organisations, that a law change giving them increased responsibilities for preventing fraud is about to go live. From the start of September, the new “failure to prevent fraud” offence comes into force, under the Economic Crime and Corporate Transparency Act 2023. It makes large organisations criminally liable if they fail to prevent fraud committed by an employee or agent for the organisation’s benefit. Public Technology has more on this.

The Public Interest Disclosure (Prescribed Persons) (Amendment No.2) Order (Northern Ireland) 2025

This Order amends the Schedule to the Public Interest Disclosure (Prescribed Persons) Order (Northern Ireland) 1999 (S.R. 1999 No. 401). It updates the reference to the Secretary of State for Business, Energy and Industrial Strategy and adds a reference to the Treasury as a prescribed person. The description of matters for the Secretary of State for Business and Trade, the Secretary of State for Transport, and the Treasury now reflects newly prescribed matters concerning sanctions-related functions of these prescribed persons. You can access the Order here.

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Jaguar Land Rover production ‘severely disrupted’ by cyber attack

Jaguar Land Rover (JLR) has confirmed its production and sales have been "severely disrupted" by a major cyber attack. The luxury car maker, owned by India’s Tata Motors, shut down systems after detecting issues affecting its global operations. The Independent has more on this story. Read here.

Call centre employee faces jail for £45,000 data theft

A British Gas employee has admitted selling c. 1,700 customers' personal data for £45,000. Interestingly, this case was prosecuted under both the Data Protection Act 2018 ("the DPA") and the Theft Act 1986 (under which those convicted can be imprisoned). Personal data isn't usually considered 'property' under section 4 of the Theft Act, but files can meet the definition of property. This case is an example of the risks posed by insiders and shows that UK authorities are willing to get creative when holding people accountable for misusing personal data for profit. Lewis Silkin provides an overview in this article here.

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In a joint initiative, the UK, Australian and Canadian governments, recently released an optional international reporting template to support organisations who are subject to modern slavery, forced labour and child labour reporting requirements across all three jurisdictions to streamline their compliance into a single report. Hill Dickinson provides guidance in this article.

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Nominations are now open to find those outstanding apprentices, employers and training providers who are shaping the future of our apprenticeship landscape. The Northern Ireland Apprenticeship Awards recognise apprentices, their mentors, employers and training organisations who have demonstrated exceptional progress as well as personal achievement and commitment. The closing date for applications is 12 noon on Friday 24 October 2025 and you can find out more here.

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A retired surgeon has said there was a "toxic and unnerving" environment within the Belfast Health Trust intensified by "secret files" being kept on staff. In recent years, staff have reported alleged bullying and harassment. BBC News NI can also reveal that it understands the trust has paid out millions in public money in legal cases to staff who allege victimisation and career damage after whistleblowing. More here.

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MacLennan v British Psychological Society [2024]

This EAT ruling in October 2024 may lead to a significant broadening of the scope of whistleblowing protections to include charity trustees. This change may lead to far-reaching effects across the charity sector. 
More from Louise McAloon, Partner at Worthingtons Solicitors, here.

The Mediation – how to prepare and what happens on the day

This series provides a thought-provoking analysis of the concept of mediation and its place and advantages in the businesses of today.  Rosemary Connolly Solicitors and Juris Resolutions offer their take on mediation best practice. Read here.

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How to stop flying blind with workforce planning

With traditional job titles and frameworks losing relevance in today’s dynamic working environments, and hybrid working more commonplace, how many business leaders and HR directors can honestly claim to fully understand the capability of their workforce? With rising people costs and widening skill gaps, particularly impacted by AI, organisations cannot just keep hiring to fill capability gaps. Without smarter workforce planning and upskilling strategies, productivity and innovation are at risk. Personnel Today provides guidance.

How to win the war on workplace friction

Workplace friction isn’t just an annoyance; it’s an invisible force grinding productivity to a halt. Dayforce research reveals 93% of UK employees face significant friction, from tech bloat to communication gaps. Discover why leaders are often blind to this silent saboteur and how forward-thinking organisations are finally winning the war on workplace obstacles. 
More from HR Director.

Understanding legal implications for employers in driving offences

When employees use company vehicles, employers bear a significant responsibility in ensuring compliance with driving laws. This includes understanding the implications of driving offences, such as drink-driving, which can have severe consequences for both the employee and the business. Engaging with a dangerous driving lawyer can be instrumental in navigating these complexities, ensuring that you are well-prepared to handle any legal challenges that may arise. Awareness and preparedness are key elements in managing the risks associated with driving offences in the workplace. More from Law Donut.

Taking disciplinary action and considering mitigating factors

A lot of employers fail to consider all such mitigating factors especially when dismissing an employee which could result in a successful claim for unfair dismissal. If there are mitigating factors an employers response to dismiss may not be reasonable and this article from SE Solicitors outlines guidance: (*Please note the article refers to two years’ service to gain the right to not be unfairly dismissed which is applicable in GB, NI is one years’ service only). Read more here.

UK large companies’ succession planning is weak – research

A lack of succession planning has led most of the UK’s largest listed companies choosing external candidates as their new chief executive, a trend not seen elsewhere in Europe or in the US. Failure to set plans for changes in leadership could leave many large companies exposed in times of turmoil or sudden change, according to research by 25×25, a not-for-profit organisation backed by businesses including Barclays, BP and NatWest. More from Personnel Today.

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A woman who insulted her boss during an argument was said to have been unfairly sacked. Calling your boss a d***head is not a sackable offence, that is according to one employment tribunal. The ruling came after office manager Kerrie Herbert was sacked on the spot after an argument with her boss, during which she called her manager and another director d***heads. Read more.

Mark Edgar, a director at a Specsavers branch has been suspended by the Health and Care Professions Tribunal Service for wrongfully claiming more than £77,000 in expenses. The investigation was instigated after an expense claim in January 2021 appeared “significantly high”. On further analysis, it was revealed that Edgar had submitted almost £18,000 in claims that were labelled wrongly, duplicated or against company policy. You can read more on this from Personnel Today.

Thailand’s Kasikornbank (KBank) has caused a stir by introducing a special early retirement (ER) programme at the age of 45, the first of its kind in the country. Experts say the move reflects both the rapid pace of technological disruption and the growing pressures on employers and employees alike. The option for those as young as 45 to exit the workforce has sparked widespread debate as many fear it could set a precedent for other industries, particularly those already undergoing digital transformation. The Bangkok Post has more on this story.

Nestle has fired its chief executive after just one year in the job because he failed to disclose a "romantic relationship" with a "direct subordinate". The Swiss food giant, which makes Kit Kat chocolate bars and Nespresso coffee capsules, said Laurent Freixe had been dismissed with "immediate effect" following an investigation led by Nestle's chair and lead independent director. The BBC understands the inquiry was triggered by a report made through the company's whistleblowing channel, reports the BBC.

Sandie Peggie’s lawyer branded NHS Fife “morally repugnant” as the controversial employment tribunal returned on Monday for one final round of hearings. Naomi Cunningham, representing the Kirkcaldy nurse, claimed Ms Peggie was absolutely not a racist despite “unfortunate” jokes which mocked Pakistani flood victims. She accused NHS Fife of a “spiteful public character assassination” of Ms Peggie and alleged trans doctor Beth Upton was “smug” when giving evidence earlier this year. The Courier has more on this.

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‘Terrible’ Employment Rights Bill returns to Commons

The Employment Rights Bill has returned to the House of Commons after it passed its third reading in the House of Lords yesterday. Rob Moss reports on the debate where one Conservative peer described it as ‘terrible’, while another wished it well, describing it as ‘the starting point of a consensual approach to industrial relations’. More from Personnel Today.

The DWP's £338m plan to get sick and disabled people in GB back to work, explained

Tens of thousands of disabled people in GB are set to benefit from millions in tailored employment support funding, the Department for Work and Pensions has announced. On 4 September, a total of £338m was given to councils across England to support sick and disabled people back into work, helping 85,000 people in 15 areas. More from Yahoo News.

Free childcare expansion in GB beset with recruitment challenges

Recruitment issues in GB could put the brakes on the government’s ambitious plans to expand free childcare, a charity has warned. As the Department for Education has today extended the free childcare entitlement from 15 to 30 hours for families with children between nine months and three years old, the National Foundation for Educational Research suggests that the sector continues to face “substantial recruitment and retention challenges”. In October 2024, the government estimated that the early years workforce would have to grow by 35,000 between December 2023 and September 2025 to meet the needs of the planned entitlement expansion. Personnel Today has more on this story.

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Employment Law at 11 Case Law Special: Why Clear Contracts Matter

📅 Friday 12th September 2025

🕒 11am to 11.45am

📍 Live online | Free to attend

Register here. 

Vague, contradictory, or poorly drafted contracts can cost employers dearly, and Northern Ireland tribunals are making that crystal clear.

Employment Law at 11 regulars Christine Quinn of Legal Island and Seamus McGranaghan of O’Reilly Stewart Solicitors are joined this month by special guest Jason Elliott BL for a focused session unpacking recent decisions that show exactly how unclear wording can backfire.

We’ll break down:

• O’Neill & Durkan v Belfast HSC Trust – Contract void for uncertainty, holiday pay awarded.
  
• Cassidy v Doma (NI) Ltd – Confusing notice clauses? Claimant wins one month’s notice pay.
  
• Sweeney v Western Urgent Care Ltd – Pay basis unclear? Unlawful deduction claim upheld.
  
• McKay v Adatar Ltd – Missing clarity on notice and holiday pay? Another win for the claimant.
   
  

You’ll leave with:

• Real-world examples of what not to do in contract drafting
  
• Steps to tighten up your employment terms and conditions
  
• Insights on how tribunals approach ambiguity
  
  

Don’t wait until you’re in front of a tribunal, get your contracts right from the start.

🎁 Plus, get an exclusive preview of Legal Island’s new and improved Employment Law Hub - your go-to resource for staying confident and compliant. Don’t miss out!

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. Or catch up on Spotify, Amazon or Apple Music while you're on the go!

NOTE: – Send your questions in advance to gosia@legal-island.com. Anonymity assured.

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

Enjoy your weekend!

Legal Island

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