Speaking of drama, did you catch the Revlon lawsuit? Apparently, Britney Spears’ fragrance team is suing over unpaid bonuses—talk about a ‘toxic’ work environment..........
This week's top 5:
- Review of the Year with Patricia Coulter of the LRA
- Average UK salary - how does yours match-up?
- PSNI respond to LGBT police group 'barring straight cops' from additional training for promotion exams
- Will AI be your child’s future boss?
- Top tips for managing the post-holiday blues
And in other news............... join Emma Grossmith and Catherine Hayes of Lewis Silkin LLP for the next FREE Comparative Law webinar on 19th September at 11am - REGISTER NOW!
- Annual Review Session of the Week
- Case Law Reviews
- AI and Employment Law
- Only 14% of UK job postings mention education requirements and just 5% need a degree
- Increasing numbers of visa sponsorship licences suspended or revoked – should employers be worried?
- DEI
- Well-being
- Just in Case You Missed It...
- HR Developments
- Employment News in the Media
- GB Developments
- Health and Safety Developments
- Friends of Legal Island
- Free Webinars This Month
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1. Annual Review Session of the Week
Review of the Year (Part 1 – 2024 – Looking Back) with Patricia Coulter, Employment Relations Manager of the Labour Relations Agency
Strikes, Agnew, and the revival of Stormont – it's been a pivotal year for workplaces in Northern Ireland. Join Patricia at Legal Island's Annual Review of Employment Law on 27th November 2024 - in-person at Crowne Plaza Belfast, or online via Zoom - for an in-depth analysis of the recent events shaping NI’s working environment. Find out more here:
https://bit.ly/ktniarel2
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2. Case Law Reviews
Mohammed v Department for the Environment, Food and Rural Affairs [2024] Case No: 2202713/2023
Summary Description: A claimant detained under mental health legislation who had been detained and charged for criminal offences was able to avail of the occupational sick pay policy considering its contractual remit.
Claimant: Kadees Mohammed
Respondent: Department for the Environment, Food and Rural Affairs
Keywords: Unlawful Deduction from Wages
Practical Guidance for Employers:
Many will look at this decision and be disappointed with the decision reached by the Tribunal. The focus though should be on how the Tribunal got to that decision within the confines of the legal framework. The focus was on the contractual entitlement of the individual and it was, in essence, the guiding light in making the decision. Considering that it was a simple case of whether the employee was sick (with the necessary evidence) and that there was an absence – this led to the contractual entitlement.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/september/mohammed-v-department-for-the-environment-food-and-rural-affairs-2024/
Farley v Sunderland City Council [2024] EAT 115
Summary Description: Disability discrimination claim failed during the lockdown pandemic when it was found that there was no disability merely on the basis that the claimant had been sick with flu-like symptoms before that period.
Claimant: Trevor Farley
Respondent: Sunderland City Council
Keywords: Age Discrimination; Sex Discrimination; Disability Discrimination
Practical Guidance for Employers:
The cases relating to the lockdown in 2020 are reducing in number but some of them are now being seen at appeal level. When it comes to disability cases the importance of showing the disability is recognised within the confines of the legislation is clear. This was not shown through the evidence and meant that the claims were essentially nullified. The employer could not be expected to speculate upon the extent of illness from one period of sick leave and draw the conclusion that there is a disability or even that there may be a disability.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/september/farley-v-sunderland-city-council-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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3. AI and Employment Law
UK signs first-ever global treaty on AI
The UK has signed the first-ever international legally binding treaty aimed at ensuring that the use of AI systems is fully consistent with human rights, democracy and the rule of law. More form Irish Legal News:
https://www.irishlegal.com/articles/uk-signs-first-ever-global-treaty-on-ai
CIPP - AI not being adapted as quickly as expected for payroll
The Future of Payroll Report 2020 revealed 86% of respondents expected automated business processing or AI to further develop in managing the transactional side of payroll, compared to just 14% who didn’t anticipate this would happen. However, the results of both subsequent surveys, in 2022 and this year, show development in this area is still slow moving:
https://online.flippingbook.com/view/706203142/
Will AI be your child’s future boss?
Artificial intelligence will likely be used in the application process to decide if your child gets their dream job when they are older. But now imagine that same AI not only hires your child but also becomes your child’s boss, assigning tasks and distributing paychecks. More from Forbes:
https://www.forbes.com/sites/danfitzpatrick/2024/08/31/will-ai-be-your-childs-future-boss/?ss=ai
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4. Average UK salary for ages 30-39 is £37,544; here's how much other age groups typically earn
Have you ever wondered if your salary stacks up? Are you earning what you're worth, or is there a significant pay gap between you and your peers? Let's explore the numbers and the average UK annual salary by age. In 2018, UK workers experienced the lowest salary increases in Europe. However, have recent trends shifted? Fortunately, Forbes' business analysts have delved into the Office for National Statistics data to determine the UK median wage for various age groups in this article from International Business Times:
https://www.ibtimes.co.uk/average-uk-salary-ages-30-39-37544-heres-how-much-other-age-groups-typically-earn-1726689
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5. Only 14% of UK job postings mention education requirements and just 5% need a degree
New research by Indeed reveals that only 14% of UK job postings mention educational qualifications, reflecting a shift towards skills-based hiring. While 65% of employers see education as less important, only 5% explicitly require a degree. This contrasts with the US, where nearly 50% of job ads specify education requirements. HR Director has more here:
https://www.thehrdirector.com/business-news/jobseekers/14-uk-job-postings-mention-education-requirements-just-5-need-degree/
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6. Increasing numbers of visa sponsorship licences suspended or revoked – should employers be worried?
The number of employers who had their skilled worker visa sponsorship licence cancelled in the second quarter of 2024 reached 1,023, compared to just 519 in the first quarter, according to the latest Home Office data. Of the employers who lost their sponsorship licence in the second quarter, 524 had it suspended, while 499 were revoked. These figures mark a dramatic increase compared to the second quarter of 2023, when just 89 employers had their licence suspended and 28 had it revoked. More from People Management:
https://www.peoplemanagement.co.uk/article/1886627/increasing-numbers-visa-sponsorship-licences-suspended-revoked-%E2%80%93-employers-worried
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7. DEI
Transgender civil servants report rise in bullying, harassment and discrimination
Bullying, harassment and discrimination of transgender civil servants at work is on the rise, according to new data. The Cabinet Office has published more detailed data showing how the People Survey 2023 results differ by demographic, alongside analysis of the figures. The data shows that 21% of transgender/other (non-cisgender) officials said they were discriminated against at work in 2023, compared to 18% in 2022. The rate for cisgender civil servants has remained at around 8%. You can read more from Civil Service World here:
https://www.civilserviceworld.com/professions/article/transgender-civil-servants-bullying-harassment-discrimination-people-survey
PSNI respond to LGBT police group 'barring straight cops' from additional training for promotion exams
The PSNI concerns over an offer from the police's LGBT Network to give exclusive support and training to LGBT-identifying PSNI officers seeking promotion, have been "addressed directly" with the group. The network, which is the staff association for lesbian, gay, bisexual and trans police officers in Northern Ireland, stated in internal emails that they are in the final stages of putting revision classes and notes in place for anyone sitting promotion exams this year. However the training is solely restricted to officers who, according to the letter: 'MUST identify as LGBT+'. Belfast Live has more on this story:
https://www.belfastlive.co.uk/news/belfast-news/psni-respond-lgbt-police-group-29842342
Caregivers’ protection against discrimination: tips for employers
In the landmark 2008 Coleman case, the European Court of Justice expanded EU anti-discrimination protections to include caregivers. Today national legislation and case law (in the EU and elsewhere) grant varying protections to caregivers in the workplace. A survey by Ius Laboris among EU and non-EU countries, looked at which jurisdictions grant specific rights and protections to caregivers in the workplace, and to what extent. Employers must be aware of them to avoid taking actions, criteria or practices which may discriminate against caregivers:
https://iuslaboris.com/insights/caregivers-protection-against-discrimination-tips-for-employers/
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8. Well-being
Free workplace health checks: what will the government’s latest initiative mean for employers?
A free NHS health check programme has been rolled out to more than 130,000 people in workplaces across the UK from 30 August, the government has announced. With the aim of “boosting economic growth by improving the health of the nation” and cutting waiting lists, the checks will ensure workers are better protected from conditions such as heart disease, kidney disease and diabetes. Experts say new programme could combat absenteeism, improve wellbeing and reduce costs by recognising the direct link between employee and business health. People Management has more here:
https://www.peoplemanagement.co.uk/article/1886810/free-workplace-health-checks-will-governments-latest-initiative-mean-employers
Will the 'right to switch off' from work fix the burnout problem?
According to a 2024 report by Mental Health UK, more than a third of adults experienced high or extreme levels of pressure and stress in the past year. Amid rising levels of people out of work due to long-term sickness, the survey of more than 2,000 adults found one in five workers had to take time off due to poor mental health caused by burnout. But what exactly will the "right to switch off" entail for workers — and will it help to address the burnout epidemic? More from Yahoo:
https://uk.finance.yahoo.com/news/work-right-to-switch-off-burnout-050008669.html
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9. Just in Case You Missed It...
First Tuesday
Chris Fullerton of Arthur Cox NI has the answers to your latest burning questions..........
What is the law in relation to the recruitment of individuals with a criminal record?
https://www.legal-island.com/articles/uk/features/q-and-a/2024/september/what-is-the-law-in-relation-to-the-recruitment-of-individuals-with-a-criminal-record/
What types of break between contracts would not constitute a break in continuous employment?
https://www.legal-island.com/articles/uk/features/q-and-a/2024/september/what-types-of-break-between-contracts-would-not-constitute-a-break-in-continuous-employment/
Do I need to provide my employees with a written contract of employment?
https://www.legal-island.com/articles/uk/features/q-and-a/2024/september/do-i-need-to-provide-my-employees-with-a-written-contract-of-employment/
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10. HR Developments
Top tips for managing the post-holiday blues
No matter how much you love your job, returning to work after a break away, particularly if it was somewhere with plenty of sun, can bring about the post-holiday blues. Making that transition from rest and relaxation back into a structured working day takes effort. If you don’t want all the good of your stress-relieving trip to be drained away by a mountain of tasks and emails, then keep reading to see how you can return to work with a happy and productive mindset with this advice from Silicon Republic:
https://www.siliconrepublic.com/advice/tips-managing-post-holiday-blues-back-to-work-advice
Is your approach to workplace problem-solving lacking in creativity?
Creative problem-solving skills can be the difference in a company culture that promotes working together and one that lacks the necessary collaboration of minds. Silicon Republic looks at some examples of creative workplace problem-solving:
https://www.siliconrepublic.com/advice/workplace-problem-solving-lacking-creativity-advice
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11. Employment News in the Media
Sky Sports pundit Stuart Barnes was a "disguised employee" and should have been classed as working inside of IR35 legislation, a tribunal has ruled, ordering him to pay £700,000 to HMRC. The former rugby player lost his six-year tribunal this week (28 August) after HMRC ruled that he should have been classed as an employee due to his working arrangements with Sky Sports. Seb Maley, CEO of IR35 compliance firm Qdos, told HR magazine: “Barnes was deemed to have been wrongly working outside of IR35 for a number of reasons. Read in full:
https://www.hrmagazine.co.uk/content/news/sky-sports-pundit-ordered-to-pay-700k-in-disguised-employee-ir35-loss
Revlon has sued four former employees who allegedly sabotaged the beauty giant’s long standing relationship with Britney Spears. Lawyers for Revlon and its subsidiary Elizabeth Arden said the ex-workers stole trade secrets linked to its licensing deal to market the pop star’s perfumes. The four are accused of breaching their contract when they moved to rival Give Back Beauty, taking the Britney account with them reports Cosmetics Business:
https://www.cosmeticsbusiness.com/revlon-lawsuit-britney-spears-fragrance-employees
A woman with arthritis who worked in children's homes has been awarded £184,542 after she was discriminated against and lost her job. Dee was exempt from undertaking physical restraints of children due to her disabilities. However, in 2020 a council boss, John Simpson, told Ms Leigh's line manager Caroline Holmes to refer her to occupational health regarding her physical ability after saying that she could not work in the home if she was unable to carry out physical restraints. After she left the council, Ms Leigh launched an employment tribunal claim for disability discrimination and failure to make reasonable adjustments. The employment tribunal handed down its decision, in Ms Leigh's favour, in December 2023 and this month awarded her £184,542 for the acts of disability discrimination. Lancs Live has more here:
https://www.lancs.live/news/lancashire-news/disabled-care-worker-awarded-184k-29830003
The Police Ombudsman for Northern Ireland (PONI) has apologised for a data leak incident involving 160 current and former staff. A document containing some of their personal details was “inadvertently released” to 22 people who had been invited to a job interview reports the BBC:
https://www.bbc.co.uk/news/articles/cg79el793jdo
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12. 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.
GB law giving workers right to request more predictable working conditions will not be brought into force in September
The Workers (Predictable Terms and Conditions) Act 2023 (WPTCA) received Royal Assent in September 2023 and was expected to be brought into force in GB in September 2024, however, no commencement regulations have yet been passed. The WPTCA would have given GB workers and agency workers the right to request more predictable terms and conditions of work, subject to a period of qualifying service. It is now being reported that government sources have confirmed that the Labour government will not bring the WPTCA into force, but instead will include strengthened rights for workers in the forthcoming Employment Rights Bill. More from Lexology:
https://www.lexology.com/library/detail.aspx?g=86eee5ff-9593-4766-91ee-5e5b55fa120b&utm
GB workers’ rights fines will harm growth and jobs, small businesses warn
The Westminster government risks “reversing economic growth” and disincentivising hiring if it pursues plans to issue “punitive” fines to GB businesses that breach its workers’ rights plan, industry leaders have warned. Businesses face paying thousands of pounds in fines if they fall foul of the new protections that Labour are hoping to introduce, it was revealed on Monday. But several small business groups have balked at the proposals, arguing that “punitive fines” risk damaging the sector just as it is getting back on its feet after twin blows of the pandemic and the ensuing period of high rates and inflation. City A.M. has more on this story:
https://www.cityam.com/workers-rights-fines-will-harm-growth-and-jobs-small-businesses-warn/
Worker Protection Act: Time for a ban on workplace relationships?
In October, employers in GB must ensure they protect workers from third party sexual harassment by law. But what does this mean for workplace relationships and policies around them. Personnel Today looks at the issues:
https://www.personneltoday.com/hr/worker-protection-act-relationships/
Workers in UK could get right to request four-day compressed week
Workers in the UK could be given the right to request a four-day working week under new government plans but would still need to clock in their usual contracted hours. The education minister, Jacqui Smith, dismissed reports of businesses being forced to accept these demands but said workers could be given the option to work fewer days through “compressed hours”. More from the Guardian:
https://www.theguardian.com/business/article/2024/aug/30/workers-uk-four-day-week-compressed-hours-flexible-working
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13. Health and Safety Developments
Health & Safety - A timely focus on suicide prevention
Suicide remains a major cause of premature death in the UK. September is Suicide Prevention Month, a campaign which strives to increase public awareness and understanding of suicide and its impact. It is important for employers to remember that their duties under UK health and safety law include an obligation to do whatever is reasonably practicable to protect people from the risk of harm that they may cause to themselves. More here from Lexology:
https://www.lexology.com/library/detail.aspx?g=5f524799-11eb-47f4-a910-6d6f0b4d60a1&utm_source
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14. Friends of Legal Island
CIPD People Management Awards 2024 – London
The shortlist for the CIPD People Management Awards is out and although the NI awards launch isn’t until later this month, some organisations in NI have made an appearance in the London shortlist:
https://www.cipdpmas.co.uk/shortlist-2024
Congratulations to all from Legal Island!
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15. Free Webinars This Month
Comparative Law Webinar with Lewis Silkin LLP
Thurs 19th Sept, 11am - 11.45am
With a new Labour government in GB, the ‘Good Jobs’ consultation in NI and recent changes in ROI we’re all playing catch up on the divergence of laws between the neighbouring jurisdictions.
Join Emma Grossmith, Managing Associate, Lewis Silkin (NI) LLP and Catherine Hayes, Managing Associate, Lewis Silkin LLP ROI as they discuss recent, and upcoming, changes to:
- Zero-hours contracts
- Family rights
- Domestic abuse
This webinar will coincide with the launch of a Special Edition of the Legal Island Comparative Law table produced in association with Lewis Silkin LLP.
Register for free:
https://attendee.gotowebinar.com/register/2564054959976973149?source=Round+Up
NOTE: – send questions in live during the webinars or drop a line in advance to webinars@legal-island.com. Anonymity assured.
Check out previous discussions:
https://www.legal-island.com/resources/any-questions-webinars/
Enjoy the weekend.
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