Welcome to the Friday Round-up! Brought to you by a load of middle-class women of a certain age! 😉
Pressed for time? Dive into the top five must-reads making waves now!
1. 🎄 Office Christmas parties? Fewer of them are ending in tribunal cases these days
2. 👶 Shared parental leave isn’t quite cutting it for working families – what’s going wrong?
3. ⚖️ Big news from Belgium: sex workers are gaining access to proper employment rights.
4. 🔐 Want to stop data leaks? Here’s how to empower staff to keep things locked down
5. 🏫 Schools included in fair employment monitoring for the first time
And in other news... Seamus and Christine are back with the final Employment Law at 11 of 2024 this morning! Don’t miss it – sign up HERE
- Case Law Reviews
- AI and Employment Law
- The Fair Employment (Monitoring) (Amendment) Regulations (Northern Ireland) 2024
- BAE Systems to recruit more than 2,400 apprentices and graduates in 2025
- Shared parental leave ‘failing working families’
- Process over top-down enforcement: How to empower employees to prevent data leaks
- 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
Bandi & Others v Bolt Operations & Bolt Services UK Ltd [2024]
Issues covered: Employment Status; National Minimum Wage
Background: The claimants brought claims relating to the payment of national minimum wage. This related to the work they carried out using the app run by the respondents, Bolt. Bolt is an app, much like others, which allow for private hire services of cars also known as ‘ride-hailing’. There are over 100,000 drivers registered with the app in the United Kingdom. The issue was whether those using the app and undertaking the ‘journeys’ as they are stated within the app are classified as workers and thus entitled to national minimum wage.
Practical Guidance for Employers:
Yet another case relating to the gig-economy and the status of those undertaking work on the platforms. Much like the Uber case this has sided with those undertaking the trips (or journeys as they are stated on Bolt) finding that they are workers. However, it is interesting that there is scope, as seen with two of the sample claimants, to not have a finding of worker status when the acceptance rate terms are relaxed thus moving them out of the minimum obligation needed for a worker contract. This may be something that is used as the basis for new terms and conditions for such platforms to avoid worker status and the benefits that come with it for the drivers but the costs for the platform.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/december/bandi--others-v-bolt-operations--bolt-services-uk-ltd-2024/
Nowak v Larchwood Care (NI) Limited [2024]
Issues covered: Protected Disclosure; Unfair Dismissal
Background: The claimant worked for the respondent from 27th July 2019 until his employment ended on 26th November 2019. The employment was terminated with immediate effect and during the probationary period. The claimant worked night shifts on the first floor of a care home.
There was an incident on 5th October when two members of staff took their break together and left the ground floor unit unsupervised. The claimant was asked to move a resident from the smoking room downstairs to their room on the first floor. The claimant rejected this twice. This was on the basis that the claimant stated the resident was independent and knows the pin numbers so could move freely. The claimant asserted that this was a protected disclosure and that by making him do this during an unpaid rest break was a detriment. When abiding by the request, the claimant used the ‘f’ word when discussing it with the resident which was found to be wholly inappropriate.
It was following this event that the claimant was informed of it being as alleged misconduct and was being put under supervision. The claimant again asserted that this was a detriment. The claimant also states that he informed others within the home and outside, namely the NISCC, of the fact that the ground floor was left unsupervised. During the investigation into it, the claimant’s statement was changed which led to some elements, such as the lack of supervision on the ground floor, being removed.
A second incident took place in which the claimant was alleged to have forcefully mishandled a resident who was trying to gain access to the nurse’s station. The respondent took the decision, based upon the evidence of those who were on duty, to dismiss the employee. This was about 40 minutes following the alleged incident.
Practical Guidance for Employers:
This case provides a useful application of the statutory rules in relation to whether a disclosure is protected. This can be seen with one disclosure not being protected due to its lack of information and factual accuracy yet the other was protected as it was made to the line manager within the organisation as well as being made within the public interest. Whilst it did not link into the dismissal and no unfair dismissal could be found – it did lead to detriment in relation to the claimant’s participation in an investigation into his conduct on the same night as that relating to the supervision disclosure.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/december/nowak-v-larchwood-care-ni-limited-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
Three steps to take with governance and culture to catalyse AI success
Skills, governance, and culture are essential to making GenAI a success. A recent IBM study found that while CEOs globally realise the need for GenAI governance, only 39% said they have good GenAI governance in place. Yet they’re driven to take risks and make significant GenAI investments, even without understanding its full value. This is because the danger of falling behind competitors and missing out on the potential gains it could bring would be worse reports Tech Radar:
https://www.techradar.com/pro/three-steps-to-take-with-governance-and-culture-to-catalyze-ai-success
AI could save HMRC and DWP staff 4,300 years of work, study finds
Using artificial intelligence to automate and redirect calls could save the DWP and HMRC millions of hours each year. The Social Market Foundation has called for the Department for Science, Innovation and Technology to act as a “one-stop shop” for all public sector AI and automation needs, supporting other departments to identify areas where they could save resources by adopting these approaches and issuing guidance. More here from Public Technology:
https://www.publictechnology.net/2024/11/29/science-technology-and-research/ai-could-save-hmrc-and-dwp-staff-4300-years-of-work-study-finds/
How to Use GenAI to Bring HR Policies to Life
This week Barry Phillips looks at how developments in Gen AI are helping bring to life the likes of the poor old forgotten staff handbook.
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3. The Fair Employment (Monitoring) (Amendment) Regulations (Northern Ireland) 2024
Don't be fooled by the boring title of this legislation - it's bigger news than you think! It means that, for the first time, schools must now provide fair employment monitoring information as the "school teachers' exemption" from the legislation has been revoked.
Coming into operation on 9th of December 2024, these Regulations amend the Fair Employment (Monitoring) Regulations (Northern Ireland) 1999, to require existing registered concerns (including public authorities) to provide monitoring information from 12th May 2024 in respect of teachers in their first annual monitoring return, following the revocation of the school teachers’ exception contained in the Fair Employment and Treatment (Northern Ireland) Order 1998:
https://www.legislation.gov.uk/nisr/2024/203/contents/made
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4. BAE Systems to recruit more than 2,400 apprentices and graduates in 2025
Defence giant BAE Systems is planning to recruit more than 2,400 new apprentices and graduates in 2025, boosting the number of people in training to 15% of its UK workforce. The company will be training a record 6,500 young people next year, with its investment in education and skills expected to reach £1 billion since the start of the decade, spent mainly on UK apprentices, graduates and experienced employees, as well as education outreach. The Irish News has more on this story:
https://www.irishnews.com/news/uk/bae-systems-to-recruit-more-than-2400-apprentices-and-graduates-in-2025-ID6MKPVAVFNUZFIRC4KWMLU7L4/
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5. Shared parental leave ‘failing working families’
What's it like in your organisation? Are many employees availing of shared parental leave? The cost of living crisis coupled with the continuing gender pay gap means most families can't afford the male-earner to take a cut in wages during parental leave.............
A decade on from the introduction of a landmark scheme aimed at helping new parents share childcare, campaigners say shared parental leave is failing the working families it was designed to help reports the BBC:
https://www.bbc.co.uk/news/articles/ckg7k24j8ywo
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6. Process over top-down enforcement: How to empower employees to prevent data leaks
When it comes to safeguarding data, are humans a vulnerability or an asset? Research from Zivver shows 51% of IT leaders identify employee awareness as their top security challenge, and 38% report difficulties in fully engaging employees with security practices. More from HR Director here:
https://www.thehrdirector.com/features/learning-development/process-top-enforcement-empower-employees-prevent-data-leaks/
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7. Just in Case You Missed It...
Gregg Wallace news story giving you pause for thought? Have a look at this recent 'How do I handle it?' for tips and advice............
Sexually inappropriate banter: How do I handle it?
This month’s problem concerns:
"We have an employee who continues to engage in ‘banter’ with his colleagues and some of his ‘jokes’ have been reported as sexually inappropriate by his female colleagues. How do I handle it?”
https://www.legal-island.com/articles/uk/features/how-do-i-handle-it/2024/november/sexually-inappropriate-banter-how-do-i-handle-it/
"The Clone Wars: GenAI Avatars in the Workplace"
This week Barry Phillips takes a look at what happens when your boss is a bot—but looks just like your boss. Catch up here:
https://www.legal-island.com/articles/uk/resources/ai-for-hr-weekly-podcast/2024/nov/the-clone-wars-genai-avatars-in-the-workplace/
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8. HR Developments
Can organisations meet employees halfway on return-to-office mandates?
While companies may feel that forcible return-to-office policies are crucial to long-term success, many may find that reaching a compromise yields better results. More:
https://www.siliconrepublic.com/careers/organisations-meet-employees-halfway-return-to-office-mandates-policy-accessibility
Changing face of the youth labour market
The lack of a viable alternative to academic routes has left many young people entering the workforce without critical skills, such as communications, teamwork and problem-solving. This CIPD report finds only one in four employers recruiting young people think they are well-prepared for the workplace:
https://www.cipd.org/uk/knowledge/reports/changing-youth-labour-market
Office Christmas parties feature in fewer tribunal cases
Employment tribunals stemming from company Christmas parties have fallen by half (54%) in three years, an analysis of court records has found. One-third (32%) of the cases related to sexual discrimination, 43% of which were upheld. Sexual harassment and inappropriate behaviour triggered by consumption of alcohol, often provided by the company, featured in many of the cases. You can read more from Personnel Today on this:
https://www.personneltoday.com/hr/office-christmas-parties-feature-in-fewer-tribunal-cases/
Hybrid workforce: Is your business failing its employees?
Hybrid workforces are not working as well as they can. But what is the answer and how can HR make hybrid happen? HR World has the answers here:
https://www.thehrworld.co.uk/workplace-culture/hybrid-workforce-is-your-business-failing-its-employees/
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9. Employment News in the Media
A former Goldman Sachs employee who was fired after returning from paternity leave has won his sexual discrimination case. Jon Reeves, who had been working for the firm since 2007, was told “you’re a grown man, you can sort this out” when he raised concerns with his bosses about struggling to manage his work-life balance. Read more:
https://www.personneltoday.com/hr/goldman-sachs-banker-wins-case-over-paternity-leave-dismissal/
An office worker acted like a mythological 'siren' to entice a male colleague into doing her work for her, an employment tribunal heard. Claire Rogers, 35, faced disciplinary action after she was caught sending tasks to her co-worker before submitting his work as her own.
https://www.dailymail.co.uk/news/article-14157753/Office-worker-getting-male-colleague-work-loses-unfair-dismissal-case.html
Hayley Harvey-Smith, who founded a successful beauty school, came under fire over her month-long stay in Bali and Australia as well as trips to Paris and high-end ski resort Val d'Is re in France as the new owner argued if Hayley was a 'true employee' she would have been disciplined for 'the manner in which she took annual leave or worked from abroad'. An employment tribunal in Edinburgh found that apart from the Val d'Is re visit, all of the trips were working holidays and Hayley did not breach any employment rules. She has now won £51,293 in compensation after suing GlamCandy UK for unfair dismissal and accrued but unpaid holidays. More here from Edinburgh Live:
https://www.edinburghlive.co.uk/news/edinburgh-news/edinburgh-beautician-sacked-over-working-30507633
Belgian sex workers will be able to access a range of employment rights including health insurance, paid leave and maternity benefits, according to a new law coming which came into force 1st of December. Sex workers will be able to receive unemployment support, and rules on working hours, pay and safety measures will be introduced. While countries such as Germany and the Netherlands have legalized sex work, none have implemented labour protections as comprehensive as Belgium's new laws. More from ITV News:
https://www.itv.com/news/2024-12-01/sex-workers-in-belgium-to-access-paid-leave-and-pensions-after-new-law
Four senior female BBC journalists have filed an appeal after an employment tribunal ruled they could not take legal action against the corporation on grounds of equal pay. Martine Croxall, Karin Giannone, Kasia Madera and Annita McVeigh launched an employment tribunal against the BBC, which included the claim they had not been paid equally compared with their male counterparts. The journalists are arguing that the previous settlements addressed only historical pay disparities and should not prevent them from challenging alleged discriminatory pay practices since 2020. More from the Independent:
https://www.independent.co.uk/news/uk/bbc-news-lawyers-bbc1-b2655487.html
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10. 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.
Many working carers in GB can’t afford to take unpaid Carer’s Leave
Thousands of people in GB looking after relatives and friends who are older, ill or disabled, don’t feel they can use their statutory right to Carer’s Leave because they are worried about the financial implications of taking time off work unpaid. You can read more from HR Director:
https://www.thehrdirector.com/business-news/press-release/many-working-carers-cant-afford-take-unpaid-carers-leave/
London commuting data shows limited impact of office mandates
The Travel in London report produced by Transport for London revealed that Londoners were now making fewer than two trips out of their home each day – and spend as little as 54 minutes travelling on a daily basis. The number of Londoners encouraged to work from home had doubled from 0.78 million pre-pandemic to 1.57 million in 2023/24 – just over a third of all workers living in the capital. More from Personnel Today:
https://www.personneltoday.com/hr/london-commuting-data-shows-limited-impact-of-office-mandates/
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11. Health and Safety Developments
Acas: 9 in 10 employees want bosses to prioritise mental health at work
A new survey from workplace expert Acas has found that around nine in ten employees (89%) think it is important for bosses to prioritise staff mental health at work. Not everyone will show obvious signs of poor mental health. Some possible signs include:
- appearing tired, anxious or withdrawn
- increase in sickness absence or being late to work
- changes in the standard of their work or focus on tasks
- being less interested in tasks they previously enjoyed
- changes in usual behaviour, mood or how the person behaves with the people they work with.
More here:
https://www.acas.org.uk/9-in-10-employees-want-bosses-to-prioritise-mental-health-at-work
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12. Free Webinars This Month
👀 LAST ONE OF 2024! Employment Law at 11 - With O'Reilly Stewart Solicitors 👀
Friday 6th December (11:00am - 11:45am)
An unstoppable force meets an immoveable object – philosophical beliefs in the workplace – Q&A
Christine Quinn from Legal Island and Seamus McGranaghan Director, O’Reilly Stewart, will discuss your questions on “an unstoppable force meets an immoveable object – philosophical beliefs in the workplace”.
Did you attend Seamus’ session on philosophical beliefs in the workplace at the Annual Review? If so, Christine will ask all your burning questions that he didn’t get to on the day. If not, now’s your chance to get involved, pose some questions, and catch up on what you missed!
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/1438063793669369181?source=WR
Check out previous discussions:
https://www.legal-island.com/resources/any-questions-webinars/
Kickstart 2025 with Confidence: HR Trends and Recruitment Strategies with MCS Group
22 January, 12 noon to 12:45
Calling all HR professionals! Looking for fresh insights to lead your recruitment strategy in 2025? Join us for a FREE 45-minute lunch-and-learn webinar on 22 January 2025, hosted by Legal Island in partnership with MCS Group.
Recruitment experts Ryan and Rebekah from MCS Group, will be bringing together the top trends, tools, and takeaways to help you stand out in the competitive world of talent acquisition:
- Learn from 2024’s lessons: See how last year’s key developments are shaping the hiring strategies of tomorrow.
- Simplify and save: Discover smart ways to cut costs, streamline processes, and harness automation.
- Win the war for talent: Get expert tips to engage candidates and secure standout hires in a competitive market.
- Plan for what’s next: Stay ahead with insights into emerging job roles, salary shifts, and sector-specific demands.
Plus, Julie from Legal Island will be on hand to pose your questions directly to Ryan and Rebekah, making sure you leave with the answers and actionable insights you need. This isn’t just another webinar—it’s your toolkit for 2025 success! Grab your lunch, reserve your spot, and get ready to learn with Ireland’s recruitment leaders to elevate your hiring strategy.
REGISTER HERE:
https://attendee.gotowebinar.com/register/393202294472814432?source=WR+NI
Enjoy the weekend.
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