David Hasselhoff walked into a bar and ordered a drink. "It's a pleasure to serve you, Mr Hasselhoff," said the bartender. "Just call me Hoff," the actor replied. "Sure," the bartender said, "No hassle." Updates (without the hassle) below...
This week's top 5:
- Latest on NI Industrial Action
- AI changes everything
- Women need to work 19 more years than men
- Data Privacy and AI: What Should UK and EU Employers Look out for in 2024?
- 'Pulling a sickie’
And in other news..............."Scary? Is Trump the man to fix the AI Regulation Dilemma?" Catch up on our CEO's latest podcast HERE!
- Case Law Reviews
- AI and Employment Law
- Sick Leave
- Industrial Action
- Gender pension gap: women need to work 19 more years than men
- Independent group to review NI Law Society’s handling of trainee pay issue
- Just in Case You Missed It...
- HR Developments
- Employment News in the Media
- GB Developments
- Friends of Legal Island
- Free Webinars This Month
===============================================
1. Case Law Reviews
Sean Pong Tyres v Moore [2024] EAT 1
Summary Description:
A case in which a transfer of undertakings did not transfer liability in relation to a claim of unfair dismissal or harassment made by an employee whose employment was transferred.
Claimant/Respondent: Moore
Respondent/Appellant: Sean Pong Tyres Ltd
Keywords: TUPE; Unfair Dismissal; Harassment
Practical Guidance for Employers:
The transfer of undertakings can cause problems in relation to where the liability falls. In this case, the EAT made it clear that for the dismissal it would rest with the transferor on the basis that they were the employer at all times, and it was sometime after that the transfer took place. Additionally, the vicarious liability did not pass under the Employment Rights Act 1996 or the Equality Act 2010.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/feb/sean-pong-tyres-v-moore-2024/
Watson v Police Service of Northern Ireland [2024] NICA 7
Summary Description:
A police officer could face disciplinary proceedings for alleged misconduct prior to becoming a constable due to an ongoing duty upon him to disclose the actions.
Claimant/Appellant: Gareth Watson
Respondent: PSNI
Keywords: Disciplinary Panel; Police; Misconduct
Practical Guidance for Employers:
A case that is neatly aligned to particular issues facing the police but one which does provide some insight into how acts from a past life can have an effect on existing employment. The Court of Appeal made it clear that where there was a duty to disclose particular things (such as employment here) and it was not done then there will be a continuing duty to rectify that issue which will continue until it is righted. This opens the door for the panel to hear the misconduct allegation. It did stop short of just doing away with this gateway to the Panel having jurisdiction citing that it did not arise merely because the claimant was a serving police officer.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/feb/watson-v-police-service-of-northern-ireland-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/
===============================================
2. AI and Employment Law
Scary? Is Trump the man to fix the AI Regulation Dilemma?
In this episode, Barry Phillips asks whether Donald Trump might be the one to finally solve the dilemma of how to regulate AI…if he can stay out of prison. Listen now:
The Storm father: AI changes everything
Tech veteran and Storm Technology CEO Karl Flannery says Irish firms are to spend on average over €400k on AI this year. More:
https://www.thinkbusiness.ie/articles/storm-flannery-ai-irish-business-spend/
The computer says ‘fraud’: how the Post Office scandal exposes risks to workers
There are huge risks in trusting computer systems to be always right – an illogical position currently backed up by UK law. If we are to avoid future scandals such as the Post Office vs the sub-postmasters, there must be fundamental technology and regulatory change – or employees and franchisees will continue to be at risk. Read more here:
https://www.personneltoday.com/hr/the-computer-says-fraud-how-the-post-office-scandal-exposes-risks-to-workers/
Data Privacy and AI: What Should UK and EU Employers Look out for in 2024?
As we look ahead to 2024, it is clear that both data protection and AI will continue to take centre stage in the UK, as it will in many other countries. This article from Lexology looks ahead to the developments that are expected to impact UK employers in the coming year:
https://www.lexology.com/library/detail.aspx?g=d93e2a06-8f24-419b-8ecc-f3d4dd518bb7
Northern Ireland Data Protection Update 2024
Dealing with data protection in your organisation? Join Pinsent Masons and the ICO at our NI Data Protection Update on 29th May 2024. It's specifically designed to provide you with a comprehensive overview of the data protection issues that matter to HR professionals and employers in Northern Ireland. Our expert speakers will set out the most important data protection risks and solutions facing employers and provide practical examples and solutions for you to implement in your organisation immediately. And the good news? Early Bird rate still applies! Find out more here:
https://www.legal-island.com/event/northern-ireland-data-protection-update-2024/#description
===============================================
3. Sick Leave
Almost a third of employees admit to ‘pulling a sickie’ at work
Almost a third (30%) of employees admit they have or would consider ‘pulling a sickie’ to miss work, despite feeling healthy, according to new research from leading insurance and employee benefits provider MetLife UK:
- 30% of employees have or would call in sick to miss work, despite feeling healthy
- 40% admitted they feel burned out, rising to 47% for women compared to 31% of men
- Many also cite needing time away from the workplace as their sick day excuse
More from Wellbeing News:
https://wellbeingnews.co.uk/news/almost-a-third-of-employees-admit-to-pulling-a-sickie-at-work-metlife-uk/
Creating a safe environment for sick leave
In the modern workplace, the line between work and personal life has become increasingly blurred. A recent study by MHR revealed a concerning trend: 71% of employees continue to work even when they are sick. The rise in remote work has enabled employees to work from home more easily, even when unwell. Additionally, fears over job security or perceptions of being less committed may prevent staff from taking sick leave. These trends have contributed to the blurring lines between work and personal health. More:
https://www.hrdconnect.com/2024/02/06/creating-a-safe-environment-for-sick-leave/
Only a third of employers provide return-to-work support for the seriously ill
HR Director reports just thirty per cent of employers offer support for serious illnesses, such as cancer, to help people stay in or return to work, according to new research by GRiD:
https://www.thehrdirector.com/business-news/employee-benefits-and-reward/third-employers-provide-return-work-support-seriously-ill/
===============================================
4. Industrial Action
Fair and just settlement needed for NI public sector workers and public services – O’Neill and Little-Pengelly
The Executive will take a united case for a fair and just settlement for public sector workers and public services to Westminster, First Minister Michelle O’Neill and deputy First Minister Emma Little-Pengelly have said. More from The Executive Office:
https://www.executiveoffice-ni.gov.uk/news/fair-and-just-settlement-needed-ni-public-sector-workers-and-public-services-oneill-and-little
Transport workers to delay strike to allow space for pay offer
In absence of improved pay offer, bus and rail workers will take a three-day strike action at the end of the month. Public transport workers in Northern Ireland have deferred strike action to give political leaders at Stormont space to make an improved pay offer. Despite the re-establishment of power-sharing institutions, as yet the public transport unions (SIPTU, Unite and GMB) have received no offer of negotiations from Translink or indeed any offer of a pay increase. More from SIPTU:
https://www.siptu.ie/transport-workers-to-delay-strike-to-allow-space-for-pay-offer/
NI: The money is now available to settle pay claims across the entire public sector
Following the publication of a letter from the Northern Ireland Executive to Prime Minister Rishi Sunak, ICTU Assistant General Secretary Gerry Murphy said: “It is clear to us that the money is now available to settle pay claims across the entire public sector. The financial package makes available money for public sector pay this year and also provides further funding allocations to deal with both outstanding pay issues and reform measures such as re-grading.” You can read the full ICTU statement here:
https://www.ictuni.org/news/money-now-available-settle-pay-claims-across-entire-public-sector
===============================================
5. Gender pension gap: women need to work 19 more years than men
Women will need to work an extra 19 years to close the gender pension gap, according to a report from pensions provider NOW: Pensions. Earlier this week, the International Longevity Centre think-tank suggested that the UK could need to raise its state pension age to 71 by 2050 if it is to maintain a healthy ratio of workers to retirees. More from Personnel Today:
https://www.personneltoday.com/hr/gender-pension-gap-2024-now-pensions/
===============================================
6. Independent group to review NI Law Society’s handling of trainee pay issue
An independent working group has been established to review the Law Society of Northern Ireland’s handling of the trainee pay issue which threatens to leave some firms out of pocket to the tune of tens of thousands of pounds. More:
https://www.irishlegal.com/articles/independent-group-to-review-ni-law-societys-handling-of-trainee-pay-issue
===============================================
7. Just in Case You Missed It...
Employment Law at 11 - 2nd February 2024
Catch up with Christine and Seamus as they discuss:
1. NEW YEAR, NEW LAW - Working Time Regulations
The amended Working Time Regulations came into force on 1st January 2024 – they provide express rights to carry over unused holiday, codify the caselaw in the area and clarify what amounts to normal pay for the 4-weeks ‘EU leave’. Seamus will guide you through the amendments, introduce you to the new guidance just published in both NI and GB and highlight what you need to do going forward.
2. Social Media Stresses
Another high-profile case in England, Higgs v Farmor’s School, once again shines a light on the issue of social media and clashing beliefs in the workplace. Our own home-grown social media cases – McDade and Shiels - illustrate that social media and work is not just a problem in England and Wales, it’s very much a factor in dismissals here in NI. Seamus talks through the latest caselaw and steps that you can take now to mitigate risks in your organisation.
https://www.legal-island.com/articles/uk/resources/webinar-recordings/2024/feb/employment-law-at-11---2nd-february-2024/
Speakers for Schools Shares 3 Steps to Boost your Early Talent Pipeline
Back in 2021, The Open University’s annual Business Barometer report revealed 69% of Northern Ireland businesses believed there was a skills shortage in their organisation. In the same year, the Economy Minster outlined her 10x strategy for the Northern Ireland economy, stressing the need for businesses to be bold and ambitious to make a generational change in the space of a decade to find new and innovative ways to overcome challenges linked to skill shortages. More:
https://www.legal-island.com/articles/uk/features/supplementary/2024/feb/speakers-for-schools-shares-3-steps-to-boost-your-early-talent-pipeline/
First Tuesday Q&A
Chris Fullerton, Partner in Arthur Cox LLP, answers your questions:
- How Much Paternity Leave are Parents Entitled to in Northern Ireland?
- Are Employers Required to Approve Requests for Flexible Working?
- Are Employers Legally Obligated to Enrol Employees into a Workplace Pension Scheme?
===============================================
8. HR Developments
Four learning and development trends for 2024
With so many conflicting trends such as artificial intelligence and economic instability, it can be a challenge for L&D teams to prioritise their focus. Personnel Today set out the key trends in learning and leadership development for the coming year. More:
https://www.personneltoday.com/hr/learning-and-development-trends-2024/
Only 10% of UK employers can adequately demonstrate the value of their benefits packages
Only one in 10 employers can use data modelling to demonstrate the value of benefits packages to their employees, according to new research from Buck, a Gallagher company, in partnership with the Reward & Employee Benefits Association (REBA). The data analysed in this report is based on the responses from 140 employers who represent over 1,127,000 employees. The ability of employers to attract recruits, as well as retain existing ones, must be urgently addressed as the skills gap widens further and the battle for talent intensifies. To find out more:
https://www.hrdconnect.com/2024/02/02/only-10-of-uk-employers-can-adequately-demonstrate-the-value-of-their-benefits-packages/
Public sector apprenticeships: the solution to the skills crisis?
Local authorities face a skills crisis across many of their services, yet pressures on budgets mean they can’t always stretch to expensive attraction and career development campaigns. How can apprenticeships help to keep the public sector thriving? More from Personnel Today:
https://www.personneltoday.com/hr/public-sector-apprenticeships/
===============================================
9. Employment News in the Media
A Hertfordshire police inspector has been demoted after selling a pair of police uniform trousers on Vinted for £4. Owen Hurley admitted selling the trousers on the second-hand online marketplace and told a Hertfordshire Constabulary misconduct hearing that the police trousers had been in his wardrobe a long time and he wanted to “make space” after redecorating. You can read more from Personnel Today here:
https://www.personneltoday.com/hr/police-trousers-sale-vinted/
BrewDog is facing anger from its employees after dropping out of the accredited real living wage scheme – hiring new staff on the legal minimum instead and freezing pay for bar staff in London as the company tries to reduce costs amid continuing losses. The Guardian has more:
https://www.theguardian.com/business/2024/jan/10/brewdog-faces-staff-backlash-after-dropping-real-living-wage-pledge
The CBI business group has settled legal action brought by its former boss Tony Danker for wrongful dismissal. Mr Danker was sacked with immediate effect in 2023 following complaints about his behaviour. His exit came as other separate allegations of historical misconduct at the lobby group were uncovered but were unconnected to Mr Danker. More from the BBC:
https://www.bbc.co.uk/news/business-68202969
An autistic chef wins unfair dismissal claim after being dismissed while pregnant. Miss ELD has autism, an eating disorder, anxiety and depression and used to work as a chef on national living wage for Huntleys. She did not have a written contract of employment and did not receive payslips. The HR Director has more:
https://www.thehrdirector.com/legal-updates/legal-updates-2024/autistic-chef-wins-unfair-dismissal-claim-dismissed-pregnant/
Criminology expert Prof Jo Phoenix saw her name dragged through the mud at the Open University once her views on the importance of biological sex became known. Despite assuring colleagues she was not transphobic, a small group of trans activist lecturers refused to set aside their personal politics to allow freedom of opinion. To read more:
https://www.dailymail.co.uk/news/article-13023907/The-vindictive-academics-blasted-judge-hounding-lesbian-professor-Open-University-harassment-campaign-gender-critical-beliefs.html
===============================================
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.
Labour plans changes to discrimination law in GB
The Labour party has set out new proposals to change discrimination law in GB, including the idea of extending equal pay claims to cover ethnicity and disability. This is likely to make employment claims much more complex and costly, and much slower to resolve. Here’s Lewis Silkin’s take:
https://www.lewissilkin.com/en/insights/labour-plans-changes-to-discrimination-law
Critics say GB's new parental leave legislation fall short
The GB Shared Parental Leave and Pay (Bereavement) Bill, proposed by Labour MP Chris Elmore, has successfully passed its first stage in the House of Commons. This legislation aims to close a legal loophole that currently leaves some parents without sufficient time to grieve, plan, and adjust to life without the mother of their child following a tragic loss during pregnancy or childbirth. Under the current law, partners must have worked for their employer for 26 weeks and given three months’ notice before the birth to access parental leave and pay. This does not apply to NI as employment law is a devolved matter. More from HRD Connect:
https://www.hrdconnect.com/2024/02/05/critics-say-uks-new-parental-leave-legislation-fall-short/
===============================================
11. Friends of Legal Island
The Mediators' Institute of Ireland
TED Talk Club: Interesting Videos for Mediators
20th February 2024 at 1pm
The video will be "How compassion could save your strained relationships"
When personal relationships and ideological differences collide, the result can lead to strained relations -- or even years of silence and distance. Actor Betty Hart offers an alternative to cold shoulders and haughty hellos: compassion, and a chance for growth and change instead of losing important time with loved ones. Everyone is welcome to join the MII TED Talk Club, not just MII members, so feel free to spread the word. Panel members will be Ber Barry-Murray, Bob Cree-Hay and Anna Doyle and the session will be chaired by Scott Alexander. Click here for more info, and to register:
https://mediatorsinstituteofireland.clr.events/event/135205:mii-ted-talk-club-interesting-videos-for-mediators
===============================================
12. Free Webinars This Month
Employment Law at 11 - With O'Reilly Stewart Solicitors
The First Friday of every month (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/1179436662901327190?source=WR
Check out previous discussions:
https://www.legal-island.com/resources/any-questions-webinars/
Enjoy the weekend.
Legal-Island
Continue reading
We help hundreds of people like you understand how the latest changes in employment law impact your business.
Please log in to view the full article.
What you'll get:
- Help understand the ramifications of each important case from NI, GB and Europe
- Ensure your organisation's policies and procedures are fully compliant with NI law
- 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
- Receive free preliminary advice on workplace issues from the employment team
Already a subscriber? Log in now or start a free trial
