Happy International Women's Day, from all at Legal Island! Like Mattell, Legal Island sell dreams, imagination, and sparkle. And when you think of sparkle, what do you think next? Female agency. To be honest, when we found out the patriarchy wasn't about horses, we lost interest anyways............Here's the Round-up!
This week's top 5:
- International Women's Day
- Spring budget 2024
- Tailored review of the Labour Relations Agency
- How to spot AI in job applications
- ICO: What staff data can be shared in a mental health emergency?
And in other news...............in this week's AI podcast, Barry Phillips considers whether we’re all in for a period of disappointment from AI. Listen HERE.
- Case Law Reviews
- International Women's Day
- AI and Employment Law
- Spring budget 2024
- Data Protection
- Tailored review of the Labour Relations Agency
- 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. Case Law Reviews
Vaultex UK Ltd v Bialas [2024] EAT 19
Summary Description: Appeal allowed citing that the Tribunal had substituted its own decision instead of looking at the band of reasonable responses. This was despite the Tribunal noting the band of reasonable responses test in the judgment.
Claimant/Respondent on Appeal: Robert Bialas
Respondent/Appellant: Vaultex UK Ltd
Keywords: Unfair Dismissal
Practical Guidance for Employers:
The same joke was posted by Mario Balotelli, a professional footballer who was at Liverpool at the time, and that led to a ban and an apology. In this case, the pertinent legal aspect is the application of the band of reasonable responses test. The Tribunal may have explained the test and reminded itself of it but it was from the actual decision and the particular reasons for that decision where the EAT was able to find that it was akin to a substituted decision rather than focusing on the decision of the employer through the process.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/march/vaultex-uk-ltd-v-bialas-2024/
Kelly v Department for Communities and Department of Finance [2023] NICA
Summary Description: Appeal allowed where the focus on determining disability is the actual practical effect rather than the diagnosis given or not given.
Claimant: Peter Kelly
Respondent: Department for Communities & Department of Finance
Keywords: Disability Discrimination
Practical Guidance for Employers:
This Court of Appeal authority provides a useful examination of what is required in determining whether an individual has a disability especially when it centres upon the like of autism spectrum disorder which may not be diagnosed at the time. To this end, the court makes it clear that the importance is what is ‘in the jar’ rather than what is on the label. Therefore, it should be an examination of the actual impairment and its effect rather than whatever label may or may not be given to it.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/march/kelly-v-department-for-communities-and-department-of-finance-2023/
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. International Women's Day
Great female role models
To mark International Women’s Day on 8 March, lus Laboris interview two very successful women to discuss the issues women face in the workplace. Both are great role models: Jessica Jacobi, partner from our German law firm and our guest, Bettina Schaller, Head of Public Affairs for The Adecco Group. Enjoy:
https://iuslaboris.com/insights/great-female-role-models/
NI Equality Commission marks International Women’s Day
Northern Ireland’s first and deputy first ministers, the first-ever Lady Chief Justice and women leaders in the law, employment, public life and the women’s sector were among guest speakers at an event marking International Women’s Day and 25 years of the Equality Commission for Northern Ireland. Irish Legal News has more:
https://www.irishlegal.com/articles/inpictures-ni-equality-commission-marks-international-womens-day
A wake up call to employers: gender equity is losing ground
“The UN theme for International Women’s Day 2024 is ‘Invest in women: accelerate progress’. The crucial message to employers is ‘don’t stop now’ as our research findings show progress is actually going backwards,” says Jennifer Liston-Smith, Head of Thought Leadership at Bright Horizons. “Our Modern Families Index looks at the challenges faced by over 3,000 randomly-selected working parents year after year, and despite previous years showing improvement, the 2024 report serves as a wake-up call for employers across the UK.” Read more:
https://www.personneltoday.com/hr/a-wake-up-call-to-employers-gender-equity-is-losing-ground/
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3. AI and Employment Law
AI - Destined for the Trough of Disillusionment?
In this week's eposide, Barry Phillips at Legal Island considers whether we’re all in for a period of disappointment from AI:
How to spot AI in job applications
Since the launch of ChatGPT in 2022, 57% of workers across the US have tried the tool at least once, with more than one in six (16%) admitting to using it regularly in the workplace. As the advancements of technology continue to rise and improve, residents in the US make up over 132.55 million workers, but how likely is it for employees to enhance their job prospects through the use of artificial intelligence? With this in mind, her is some insight on how to spot the use of AI in job applications. More:
https://www.thehrdirector.com/business-news/ai/spot-ai-job-applications/
Pace of AI adoption means Government and education system have to catch-up fast, say small firms
A new report by the Federation of Small Businesses (FSB) highlights that while AI excels at recognising patterns at speeds that dwarf human capabilities, it falls short on nuance, ethics and empathy - qualities only humans can bring to the table. Of the 73% organisations surveyed, who have yet to embrace AI, their main concerns are:
- 46% not having the knowledge to use it correctly.
- 31% their ability to manage security risks.
- 24% the impact of deepfakes.
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4. Spring budget 2024
Hunt cuts national insurance to 8%
Chancellor Jeremy Hunt confirmed the Treasury will cut the main rate of national insurance by a further 2 percentage points to 8%, claiming this will save the average worker around £450 per year. Employee national insurance contributions were already cut in October’s Autumn Statement, when they were reduced from 12% to 10% on earnings between £12,570 and £50,268. More form Personnel Today:
https://www.personneltoday.com/hr/spring-budget-2024/
Reaction to the Budget
The Spring Budget announcement by Chancellor Jeremy Hunt brings a reduction in employees’ National Insurance contributions, aiming to alleviate the cost of living. While welcomed, experts highlight the need for more significant investment in mental health support amidst the ongoing financial strain. However, some feel the budget lacks substance, with familiar measures and minimal impact on small businesses and individuals. More:
https://www.thehrdirector.com/business-news/business/reaction-to-the-budget/
Budget: Welcome for Self Employed NICs Cut and VAT Victory, but small firms still in tight spot
Read the FSBs take here:
https://www.fsb.org.uk/resources-page/budget-welcome-for-self-employed-nics-cut-and-vat-victory-but-small-firms-still-in-tight-spot.html
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5. Data Protection
ICO publishes new Tech Horizons Report
On 9 February 2024, the ICO published a new Tech Horizons Report, which highlights eight emerging technologies that the ICO considers may have a particularly significant impact on society, the economy and information rights in the next two to seven years. Get ‘in the know’ here:
https://www.lewissilkin.com/en/insights/ico-publishes-new-tech-horizons-report
6 in 10 UK Businesses mismanage customer data
Despite a huge increase in the number of businesses adopting a hybrid working model, new research has revealed that almost half (46%) of hybrid workers believe their office or workspace does not suit a hybrid working model and is in need of modernisation. More:
https://www.thehrdirector.com/business-news/security/six-ten-uk-businesses-mismanage-customer-personal-data/
ICO takes regulatory action against five public authorities under the FOI Act
The Information Commissioner’s Office (ICO) has taken action against five public authorities for continued failings to meet their obligations under the Freedom of Information (FOI) Act. Sussex Police and South Yorkshire Police have been issued with enforcement notices for their FOI failings, with the latter’s FOI request response rate being classed as “unacceptable on any level”. The Department of Education (DfE), Foreign Commonwealth and Development Office (FCDO) and the Financial Ombudsman Service (FOS) have been given practice recommendations setting out improvements they can make to better comply with their legal obligations. More direct from the ICO here:
https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2024/03/ico-takes-regulatory-action-against-five-public-authorities-under-the-foi-act/
ICO reassures employers they can share staff data in a mental health emergency
The Information Commissioner’s Office (ICO) has published new guidance to give employers more certainty about sharing their workers’ personal details in a mental health emergency. The guidance provides advice on when and how it is appropriate to share workers’ information when the employer believes that someone is at risk of causing serious harm to themselves, or others, because of their mental health:
https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2024/03/ico-reassures-employers-they-can-share-staff-data-in-a-mental-health-emergency/
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6. Tailored review of the Labour Relations Agency
The Department for the Economy engaged Business Consultancy Services (BCS) to complete a review of the Labour Relations Agency (LRA), in line with Cabinet Office ‘Tailored Reviews’ guidance. More:
https://www.economy-ni.gov.uk/publications/tailored-review-labour-relations-agency
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7. Just in Case You Missed It...
Employment Law at 11 - 1st March 2024
Catch up with Seamus and Christine as they discuss:
Equality Matters Special
1. Neurodiversity in the workplace
Recent CIPD research shows that 1 in 5 neurodivergent employees have experienced harassment or discrimination at work, and only half say they would feel safe to talk about neurodiversity in their organisation. And case law is stacking up, demonstrating the importance of getting it right with your employees who are not neurotypical. Seamus takes you through best practice, and recent cases that need to be on your radar.
2. Menopause and the workplace
8th March is International Women’s Day and we’re talking about something that will happen to all women one day – menopause. Women make up nearly 50% of the working population in Northern Ireland and with the change in pension age, it's likely that more women will be working later into life. So, employers need to consider how they can support women in the workplace, so they can hold on to their experienced staff members. Seamus talks you through the guidance, best practice and caselaw to be aware of.
https://www.legal-island.com/articles/uk/resources/webinar-recordings/2024/march/employment-law-at-11---1st-march-2024/
Inclusivity, the Problem with Cliques and How to Break Them
Nearly 4 million people in the UK say they’re very lonely or extremely lonely (ONS Report (campaigntoendloneliness.org)) and it’s not just the elderly: loneliness is rife across the age groups (ONS Report (campaigntoendloneliness.org)) and regardless of the wonders of Zoom, Teams and social media which apparently keep us connected, it’s clear that many of us are not feeling that connection. Andrew Paine explains that we need to understand why cliques form.
https://www.legal-island.com/articles/uk/features/hr/2024/march/inclusivity-the-problem-with-cliques-and-how-to-break-them/
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8. HR Developments
Building trust through openness: A guide for modern workplaces
Our workplaces are changing fast. Digital transformation, remote work, and blurring work-life boundaries – these factors all make transparency even more crucial. When employees feel like they’re kept in the loop, they’re more likely to trust leadership, feel accountable, and ultimately, be more engaged. More from HR Connect:
https://www.hrdconnect.com/2024/03/04/building-trust-through-openness-a-guide-for-modern-workplaces/
5 common mistakes employers make that could land their workers fat settlements
In businesses small and large, employers can fall into a series of legal pitfalls that could lead to both costly and damaging litigation brought by their workers. Business Insider spoke with two high-profile employment rights attorneys about some of the most common mistakes companies make that can land them in legal hot water and compel them into making settlement payments to their workers:
https://www.businessinsider.com/common-mistakes-employers-companies-result-settlements-workers-lawsuits-attorneys-2024-2?r=US&IR=T
Strategies for balancing productivity and wellbeing
The workplace is in a state of flux. Fuelled by technology and shifting expectations, remote work has become a major force, leading to the rise of hybrid work environments. It’s crucial for organizations and HR professionals to understand these impacts and develop proactive strategies for fostering a healthy and productive workforce in this new landscape. You can read more from HRD Connect here:
https://www.hrdconnect.com/2024/03/01/strategies-for-balancing-productivity-and-well-being-in-the-dynamic-workplace-landscape/
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9. Employment News in the Media
An employment tribunal has found that two creative writing professors who were employed as gig workers by Oxford University should have had employee status. Alice Jolly and Rebecca Abrams worked at the university since 2008 and 2007 respectively, and both taught the Master of Studies degree in Creative Writing. In 2022, they brought a claim against their employer for employing them as gig workers on fixed-term personal services contracts. They argued that their employment status had been misclassified since 2018 and that they have been denied their working rights.
https://employeebenefits.co.uk/tribunal-finds-oxford-university-professors-employee-status/
A female chef at an award-winning restaurant has won an £18,000 discrimination payout after her male boss made her carry on lifting heavy pans even though she was pregnant. Emma Delpinto was told by Martin Yates that he would not pay for her to take maternity leave and then fired her after she had to take time off sick, an employment tribunal heard. The mother-to-be had to leave work and go to A&E several times in fear of losing her baby and asked to take several days off after becoming 'very unwell'. The Daily Mail has more on this:
https://www.dailymail.co.uk/news/article-13137513/Female-chef-wins-18-000-discrimination-payout-boss-award-winning-restaurant-carry-lifting-heavy-pans-pregnant.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.
New GB flexible working rules: a flowchart
Flexible working laws are changing in GB in April (not in NI as employment law is devolved to the Assembly). Lewis Silkin’s flowchart shows the new process. Catch up here:
https://www.lewissilkin.com/en/insights/new-flexible-working-rules-a-flowchart
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11. Health and Safety Developments
County Tyrone engineering company fined following health and safety failures
Following an investigation by the Health and Safety Executive for Northern Ireland (HSENI), a County Tyrone engineering company, Caledon Precision Engineering Limited has been fined for failing to ensure the safety of employees while working at an automatic lathe. More:
https://www.hseni.gov.uk/news/county-tyrone-engineering-company-fined-following-health-and-safety-failures
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12. Friends of Legal Island
Lewis Silkin launches groundbreaking parental leave policy
Lewis Silkin has this week announced the launch of its newly enhanced parental leave policy. The single, consistent policy sees all new parents in the firm, irrespective of gender, given access to one of the best parental leave and pay offerings in the legal sector including a full twelve (12) months’ leave and six (6) months’ full pay.
https://www.lewissilkin.com/en/news/lewis-silkin-launches-groundbreaking-parental-leave-policy?utm_campaign=General+Campaign&utm_content=oktopost&utm_medium=social&utm_source=LinkedIn
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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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