Let’s get all the info, folks. We’re talking about the latest and greatest. If it was on the internet last night, I want to know about it. Tremendous information only - the Friday Round-up - the second most astonishing comeback this week!
This week's top 5:
- Annual Review Session of the Week: Review of the Year (Part 2 – Looking Forward to 2025)
- How to re-energize unmotivated employees: strategies to combat burnout
- 50% of people have left or considered leaving a job because of bullying
- Disability pay gap reaches staggering level of £4,300 a year
- Thinking of using AI to assist recruitment?
And in other news...............there's a little over 2 weeks left until the Legal Island Annual Review of Employment Law - have you got your ticket yet? Miss it and miss out! More info HERE
- Annual Review Session of the Week: Review of the Year (Part 2 – Looking Forward to 2025)
- Case Law Reviews
- AI and Employment Law
- Wages and benefits
- Former exam board boss settles CCEA case for £100k
- Information Commissioner seeks permission to appeal DSG Retail Ltd ruling
- Revealed: The devastating impacts of workplace bullying
- 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. Annual Review Session of the Week
Review of the Year (Part 2 – Looking Forward to 2025) with Louise McAloon, Partner, Worthingtons
Louise McAloon, Partner at Worthingtons examines the anticipated employment law developments for 2025 and outlines steps we can take now to mitigate risks and maximise opportunities. Find out more:
https://bit.ly/ktniarel24
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2. Case Law Reviews
Commerzbank AG v Z [2024] KB-2023-002913
Summary Description: Committal proceedings could be brought against a former employee who brought false allegations to the Employment Tribunal.
Claimant: Commerzbank AG
Defendant: Z (Anonymised)
Keywords: Committal; False Statements
Practical Guidance for Employers:
A strange situation of the ‘empire striking back’ where the employer has gone on the offensive following success in the Tribunal with a finding that the employee had made false claims and fabricated evidence. This is the only a stage in which the case can proceed to determine if there has been contempt of court which will mean that the evidence will have be assessed at a higher standard. Whilst unusual, this case does demonstrate that there can be some additional armoury at the disposal of an employer who is met with such a case.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/november/commerzbank-ag-v-z-2024/
Haycocks v ADP RPO UK Ltd [2024] EWCA Civ 1291
Summary Description: Redundancy process still regarded as fair even though the consultation with the employee was after the scoring exercise.
Claimant/Respondent on Appeal: Joseph Haycocks
Respondent/Appellant on Appeal: ADP RPO UK Ltd
Keywords: Unfair Dismissal; Redundancy
Practical Guidance for Employers:
This case demonstrates the importance of ensuring fairness and reasonableness are in a redundancy process but that it can be less formulaic rather than having set rules about the nature of consultation and when it takes place. The Court of Appeal does make it clear that it would be better practice to consult before the scoring takes place and that should be an important learning point for HR professionals to take. An additional learning point is if that has not taken place it does not instantly mean it is a fatal flaw and it could still be fair in terms of consultation post-scoring insofar as it would allow the employee an opportunity to question and persuade.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/november/haycocks-v-adp-rpo-uk-ltd-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
Why AI Is Not a Magic Wand for the Workplace (Yet)
This week in our weekly review of AI developments for HR we comment on the importance of starting in the right place with your first AI initiative. Catch up here:
https://www.legal-island.com/articles/uk/resources/ai-for-hr-weekly-podcast/2024/nov/why-ai-is-not-a-magic-wand-for-the-workplace-yet/
Thinking of using AI to assist recruitment? ICO key data protection considerations
The ICO has shared key questions organisations should ask when procuring AI tools to help with their employee recruitment. Many recruiters may be looking to procure these tools to improve the efficiency of their hiring process, helping to source potential candidates, summarise CVs and score applicants. If not used lawfully, however, AI tools may negatively impact jobseekers who could be unfairly excluded from roles or have their privacy compromised:
https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2024/11/thinking-of-using-ai-to-assist-recruitment-our-key-data-protection-considerations/
How learning teams can power up workplace AI
The hype around generative AI has died down in the past 18 months, with employees realising ways they can use AI tools to make their working day run more smoothly. This is a great opportunity for learning teams to stretch this even further. Personnel Today has more on this:
https://www.personneltoday.com/hr/learning-teams-generative-ai/
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4. Wages and benefits
NI man discovers £70K in pension pot he never knew about as figures show 25% of people never check theirs
A Northern Irish man has revealed how he discovered he had saved £70,000 in his pension as figures show only one in four people check theirs. The 56-year-old had never checked his pension before and when he finally did he discovered that he had saved nearly £70,000 in his pension pot. Research from the Money and Pensions Service has found that only one in four adults in Northern Ireland who have contributed to a pension have never engaged with it, following a survey of 12,000 people. More here from Belfast Live:
https://www.belfastlive.co.uk/news/northern-ireland/ni-man-discovers-70k-pension-30309012
Disability pay gap reaches staggering level of £4,300 a year
New TUC analysis shows Disabled workers effectively stop earning from 7th of November as a result of pay disparity with non-disabled workers. The disability pay gap is now 17.2% - meaning that non-disabled employees earn on average £2.35 an hour more than Disabled workers. You can read the full story from Disability Rights UK:
https://www.disabilityrightsuk.org/news/disability-pay-gap-reaches-staggering-level-%C2%A34300-year
The death of the pay rise: Why Reeves’s Budget will lead to job cuts and lower wages
Tax rises announced in the Budget are likely to damage workers’ wages with many likely to receive lower pay rises, if any, experts have said. The Office for Budget Responsibility (OBR) forecasts that by 2026-27, some 76 per cent of the total cost of the NICs increase is passed on through lower real wages. It could also lead to the equivalent of around 50,000 average-hour jobs being lost. Below, i looks at how much your pay could suffer by as a result of the changes:
https://inews.co.uk/inews-lifestyle/money/saving-and-banking/rachel-reeves-budget-job-cuts-lower-wages-3358311?ITO=newsnow
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5. Former exam board boss settles CCEA case for £100k
Northern Ireland's exams board has paid about £100,000 to settle a case taken by its former interim chief executive, BBC News NI understands. Margaret Farragher had claimed she was subjected to sex, race and age discrimination by the Council for the Curriculum, Examinations and Assessment (CCEA). She had also claimed constructive dismissal - defined as being forced to leave her job against her will due to her employer's conduct. More here:
https://www.bbc.co.uk/news/articles/cz6j1yqd4vno
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6. Information Commissioner seeks permission to appeal DSG Retail Ltd ruling
The ICO is seeking permission to appeal the judgment of the Upper Tribunal (Tribunal) on DSG Retail Limited (DSG) to the Court of Appeal. The Commissioner considers the Tribunal interpreted the law incorrectly in then finding that an organisation is not required to take appropriate measures against unauthorised or unlawful processing of data by a third party, where the data is personal data in the hands of the controller but not in the hands of the third party:
https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2024/11/information-commissioner-seeks-permission-to-appeal-dsg-retail-ltd-ruling/
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7. Revealed: The devastating impacts of workplace bullying
New data shows that over 50% of people and 60% of women have left or considered leaving a job because of bullying behaviour from a manager or colleague. The nationally representative survey of over 1,000 UK employees found that one in two women have experienced workplace bullying, including receiving unfair criticism or blame, being undermined, offensive jokes, and verbal abuse such as shouting at work. You can read more on this from HR Director:
https://www.thehrdirector.com/business-news/the-workplace/revealed-devastating-impacts-workplace-bullying/
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8. Just in Case You Missed It...
Impact and Intent in the Workplace
November already? You know what that means! Luckily, Zara Mirza from AAB People looks at the delicate balance of intent vs impact of workplace behaviour and how HR can reinforce this message before the festive party season is in full swing!
https://www.legal-island.com/articles/uk/features/hr/2024/november/balancing-impact-and-intent-managing-workplace-behaviour-during-the-festive-season/
The Gender GenAI User Gap is High But Why?
This week Barry Phillips comments on research published recently that suggests that many more males than females are using GenAI and seeks an explanation. Catch up here:
https://www.legal-island.com/EPiServer/CMS/?language=en#context=epi.cms.contentdata:///39835_515142&viewsetting=viewlanguage:///en
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9. HR Developments
The Dual Reality of Women in Tech: Resilience Amid Imposter Syndrome and Gender Bias
In a male-dominated sector, leadership demands not only technical expertise but also the resilience to face challenges head-on. For women in tech leadership positions, these challenges are amplified by systemic issues like gender bias and imposter syndrome. More:
https://www.hrdconnect.com/2024/11/05/the-dual-reality-of-women-in-tech-resilience-amid-imposter-syndrome-and-gender-bias/
Leading with style: Do you know yours?
Whether you are a natural-born leader or acquired the skill over time, your choice of the appropriate leadership style is crucial for success. Silicon Republic asks which leadership styles might suit you and which will have the greatest impact on your organisation?
https://www.siliconrepublic.com/advice/leading-with-style-do-you-know-yours-skills-transformation-employee-employer
How to re-energize unmotivated employees: strategies to combat burnout
Traditional motivation methods aren’t enough to reignite enthusiasm in a burned-out workforce. HR professionals need innovative strategies that go beyond the usual incentives. One of the most underused tools? Fostering a culture of curiosity. This article from Forbes outlines how:
https://www.forbes.com/sites/dianehamilton/2024/11/02/how-to-re-energize-unmotivated-employees-strategies-to-combat-burnout/?ss=chro-network
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10. Employment News in the Media
A supermarket worker help himself to cash from the tills and shopping from the shelves, a court has heard. In total Phillip Thomas stole more than £1,500 in money and goods from his employer over the course of a number of weeks. Read more:
https://www.walesonline.co.uk/news/wales-news/supermarket-worker-stole-thousands-worth-30310917
An NHS nurse assistant turned social media influencer has won an unfair dismissal claim after she was suspended for more than two years when a patient claimed she was pregnant with his child. Catch up here:
https://www.dailymail.co.uk/news/article-14050147/nhs-nurse-social-media-influence-patient-pregnant-claim-unfair-dismissal.html
A rape crisis centre has been ordered to pay a former employee over £68,000 after it was found she was unfairly discriminated against for her gender critical views. Roz Adams took Edinburgh Rape Crisis Centre (ERCC) to an employment tribunal which ruled in May that she had suffered harassment and discrimination. The tribunal heard that Adams is supportive of trans individuals but believes that biological sex is real and not to be conflated with gender identity, beliefs which are currently referred to as “gender critical” or sex realist. STV News has more on this story:
https://news.stv.tv/east-central/edinburgh-rape-crisis-centre-ordered-to-pay-former-employee-unfairly-dismissed-to-recieve-68000-compensation
More than 70 police officers in Northern Ireland have been disciplined after they accessed bodycam footage of a drugs arrest for “entertainment and amusement”. During the incident an officer made an error administering a criminal caution, “causing a colleague to laugh out loud”. Only five officers and one civilian staff member had a legitimate reason to access the footage reports the Guardian:
https://www.theguardian.com/uk-news/2024/oct/31/psni-officers-watched-bodycam-footage-for-entertainment
A delivery driver was unfairly dismissed from his job an employment tribunal found, after a judge said swearing is more common in the north. Rob Ogden had worked for wholesalers Booker Ltd in Oldham, Greater Manchester, for seven years when he was sacked after calling a colleague a "f** m***," his employment tribunal heard. The judge ruled Mr Ogden's words were offensive and it was fair for his employers to undertake a disciplinary investigation against him. But he ruled the firm then did not follow a reasonably fair procedure with the "wholesale exclusion" of the culture of the workplace ignored, before they dismissed him in October 2023. More from Rayo:
https://hellorayo.co.uk/hits-radio/manchester/news/oldham-rob-ogden-tribunal-swearing-north/
Police Scotland staff have rejected a pay offer and some are ‘working to rule’ until a better offer is forthcoming. Last month, the Police Negotiating Board for Scotland offered a 4.75% uplift to cover all police officer ranks earning £28,296 and above. Those who earn up to this threshold would get a £1,344 uplift as part of the offer. More from Personnel Today:
https://www.personneltoday.com/hr/police-scotland-pay-offer/
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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.
Places for Growth: Departments hit 21,000 moves as they edge closer to target
More than 21,000 civil service roles have now been relocated out of London under the Places for Growth programme, new Cabinet Office data reveals.
The Places for Growth programme, which was launched in 2020, initially aimed to relocate 22,000 jobs from London by 2030. Last year, Rishi Sunak’s government announced it would bring this forward to 2027. With almost 3,000 roles relocated in the first quarter of 2024 and now 21,002 jobs in total since 2020, the programme is way ahead of schedule to meet this target reports Civil Service World:
https://www.civilserviceworld.com/professions/article/places-for-growth-departments-edge-towards-target-as-relocations-reach-21000
One thousand UK workers to join first four-day week trial under Labour
The British Society for Immunology and Crate Brewery in Hackney, east London, are among the businesses to have joined the latest trial, which is being led by the 4 Day Week Campaign, as it launched on Monday. The trial will involve 17 businesses, who will mostly implement the four-day week, although some have opted to test a shorter working week or a nine-day fortnight, in which workers get an extra day off every two weeks. The Guardian has more on this story:
https://www.theguardian.com/money/2024/nov/04/one-thousand-uk-workers-to-join-first-four-day-week-trial-under-labour
Asda to cut 475 jobs and reduce hybrid working
Asda has confirmed 475 roles at their head offices in Leeds and Leicestershire will be cut and hybrid working reduced as part of a business restructure. The retailer said the move, which would affect less than 10% of its head office staff, would enable it to "simplify structures" amid a challenging market. The BBC has more on this:
https://www.bbc.co.uk/news/articles/c624dd6g3lmo
More judges to sit alone under employment tribunal reforms
Employment judges will be able to sit alone in cases unless it is not in the interests of justice to do so, according to a new practice direction issued by Sir Keith Lindblom. The senior president of tribunals’ direction means fewer cases will be heard before the usual three-person panel consisting of a judge and lay members. The changes came into practice in England, Scotland and Wales for all matters heard or decided on or after 29 October. The Law Gazette has more:
https://www.lawgazette.co.uk/news/more-judges-to-sit-alone-under-employment-tribunal-reforms/5121377.article
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12. Health and Safety Developments
40% of office workers skip full lunch breaks
In a revealing study conducted by technology giant HP, a concerning trend has emerged among office workers, a significant 40% report not taking their entitled full hour-long lunch breaks. This insight comes from a survey involving 1,200 employees, shedding light on the pressures of modern work environments. The study highlights that nearly a quarter of respondents feel coerced into skipping breaks, with 23% admitting to feeling ‘pressured’ by workplace culture or expectations. This pressure leads to not just shortened breaks but also missed personal commitments. According to the data, 22% of workers have had to forego doctor’s appointments, and 20% couldn’t attend important family events like their child’s school activities. You can read more from the Workers’ Union here:
https://www.theworkersunion.com/2024/11/06/40-of-office-workers-skip-full-lunch-breaks-hp-study-reveals-impact-on-health/
Stress Awareness Week: Employers have to fulfil legal duty
The Health and Safety Executive (HSE) is calling on all employers during Stress Awareness Week 2024 to carry out their legal duty to prevent work-related stress and support good mental health at work. HSE figures show the average employee suffering from work-related stress, depression or anxiety took an average of 19.6 days off work, almost the equivalent of a month’s working days, with an estimated 875,000 cases in 2022/23. The legal duties for employers are:
- Carry out risk assessments for stress and act on them.
- Take steps to prevent work-related stress.
- Organisations with five or more employees, are required by law to write the risk assessment down.
More here from the HSE:
https://press.hse.gov.uk/2024/11/03/stress-awareness-week-employers-have-to-fulfil-legal-duty/
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13. Free Webinars This Month
In HR and feeling like you’ve missed the AI Revolution? Get up to speed in just 30 minutes!
Tues 19th November, 11am - 11.30am
In thirty minutes, Legal Island's Barry Phillips will explain what is important to know in AI, to help you catch up and feel right up-to-date. We understand there’s a lot of jargon, hype and hubris about AI and its potential. We cut right through all of this to present you with all you really need to know. We’ll explain where to start with AI and how to make the most of this amazing development for you personally, for your HR team and for your organisation.
Register here:
https://attendee.gotowebinar.com/register/4564088602525516377?source=WR
Employment Law at 11 - With O'Reilly Stewart Solicitors
Friday 6th December (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/1438063793669369181?source=WR
Check out previous discussions:
https://www.legal-island.com/resources/any-questions-webinars/
Enjoy the weekend.
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