"Difference is of the essence of humanity. Difference is an accident of birth and it should therefore never be the source of hatred or conflict. The answer to difference is to respect it. Therein lies a most fundamental principle of peace: respect for diversity." - John Hume
This week's top 5:
- Huw Edwards scandal: New tribunal ruling sheds light on employment law risks
- Do you know the real costs of accidents in the workplace in the UK?
- Onset of sickness increases the risk of employment exit by up to 112 per cent
- £6m fine on an NHS software provider over a data breach which included info on how to gain access to people's homes
- Ministers confirm plans to dump controversial strike-busting law in GB
And in other news............... In his latest podcast, Barry Phillips considers the likely impact of avatars in the workplace for HR. Listen here!
- Case Law Reviews
- AI and Employment Law
- Immigration
- Data protection and cyber security
- The UK is sick and getting sicker – IPPR report
- Employee criminal charges and employer actions
- 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 ⚓︎
N Notaro Homes Limited v Keirle [2024] EAT 122
Summary Description: Despite a finding that the claimant’s blameworthy conduct contributed to the dismissal, the Tribunal was correct in deciding that it did not have to make a reduction to the award.
Claimant/Respondent on Appeal: C Keirle & Others
Respondent/Appellant on Appeal: N Notaro Homes Ltd
Keywords: Unfair Dismissal; Compensatory Award
Practical Guidance for Employers:
An interesting case looking at the construction of the legislation and the extent to which the Tribunal has flexibility in reducing a compensatory award based upon contributory fault. The key learning point is that even if there is a finding of blameworthiness linked to the dismissal on the claimant’s part, the Tribunal is not obliged to make a reduction but only to consider whether a reduction should be made.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/august/n-notaro-homes-limited-v-keirle-2024-eat-122/
Bailey v Stonewall Equality Limited [2024] EAT 119
Summary Description: The respondent was not liable for the discriminatory behaviour met by the claimant when their Head of Trans Inclusion complained about the views espoused by the claimant.
Claimant: Allison Bailey
Respondent: Stonewall Equality Limited and Others
Keywords: Belief Discrimination; Causation
Practical Guidance for Employers:
Considering that the chambers in which the claimant worked is one which specialises in equality law issues, it demonstrates the extent to which it can be very difficult to discern what is discriminatory and what is not when it comes to competing rights such as the views on sex and gender. This case demonstrates a point about liability for those who are involved but not the decision makes. The causation is a higher level in that it must have actually caused the outcome rather than it being merely linked to the outcome as would be seen with the ‘but for’ test.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/august/bailey-v-stonewall-equality-limited-2024-eat-119/
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 ⚓︎
MoJ appoints minister to oversee AI and digital reform
Following Labour’s victory in the general election, Swindon South MP Heidi Alexander was named as a minister of state at the MoJ. Her remit has now been confirmed, with courts reform high up the list of her responsibilities. This includes “artificial intelligence, modernisation, and digital reform”, according to her updated biography on GOV.UK. More from Public Technology:
https://www.publictechnology.net/2024/08/05/public-order-justice-and-rights/moj-appoints-minister-to-oversee-ai-and-digital-reform/
Barry Phillips considers the likely impact of avatars in the workplace for HR
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3. Immigration ⚓︎
Belfast city centre business closes early amid ‘welfare concerns’ ahead of planned protests
A Belfast city centre business has announced it has closed its doors early amid concerns for the welfare of its employees ahead of planned anti-immigration protests. In a statement, Danske Bank announced its Donegall Square West closed earlier than normal today and has also advised employees in their head office branch to work from home. More from the Belfast Telegraph:
https://www.belfasttelegraph.co.uk/news/northern-ireland/belfast-city-centre-business-closes-early-amid-welfare-concerns-ahead-of-planned-protests/a454356531.html
Health leaders condemn racist violence in Belfast
Northern Ireland's most senior health leaders have come together to condemn the recent racist violence and disorder in Belfast. Fifteen professional health bodies representing thousands of doctors, nurses and midwives, and allied health professionals, have jointly said they are “appalled by the scenes of rioting in Belfast this week." Meanwhile members of the Northern Ireland Confederation for Health, and Social Care (NICON) has said it will "redouble its efforts" to ensure staff from ethnic minorities feel safe to stay where they live and work. It added that the local health and social care system was "completely dependent on its ethnic minority staff". More from the BBC:
https://www.bbc.co.uk/news/articles/cdx690qwzy2o
Racism – the evil that must be eradicated from Northern Ireland’s society
Geraldine McGahey, Chief Commissioner, Equality Commission for Northern Ireland said: “There can be no excuse for the blatant racism and criminal acts on our streets. Those involved are damaging their own communities.
As a society we have an obligation to protect those who have come to seek refuge, work and contribute to our society. They should be able to live their lives without fear of attack...We recognise the correlation between the increasing inequalities across our community and cuts in public spending, but this is no justification for the racism and the malicious behaviours we have witnessed..." You can read the full statement here:
https://www.equalityni.org/Footer-Links/News/Delivering-Equality/Racism-the-evil-that-must-be-eradicated-from-our
Employer Support for Employees Impacted by Racism on our Streets
This brief video guide from the LRA is aimed at helping employers support employees impacted by the racism we are seeing on our streets. Watch the guide here:
https://www.lra.org.uk/resources/webinar/employer-support-employees-impacted-racism-our-streets
CIPD: Supporting your workforce through a crisis event
Crisis events have a serious impact on people’s lives and on organisations. The personal safety and wellbeing of employees will be paramount, but employers will also need to support and manage their workforce and their organisation through other important concerns. The CIPD has collated helpful resources here:
https://www.cipd.org/uk/knowledge/guides/crisis-events-support/
NI Firms ‘struggle to recruit from abroad’ after visa changes
Changes to requirements for the Skilled Worker visa in the UK are severely hampering Northern Ireland firms’ recruitment plans, research has found. More than a third (38%) of businesses in the north, responding to the latest quarterly economic survey by the NI Chamber and BDO, admitted they have been impacted by changes to the immigration rules. The Irish News has more here:
https://www.irishnews.com/news/business/firms-struggle-to-recruit-from-abroad-after-visa-changes-4EWBLXTM35BGLAWDYZOPJ5FIXE/
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4. Data protection and cyber security ⚓︎
Belfast Trust investigating patient details data breach at Mental Health unit
The Belfast Trust is currently investigating a data breach at a mental health unit after pictures were taken of patients' details through the window of an office. The incident took place at the Rathlin Outpatients ward of the Knockbracken Health Centre when someone entered the grounds and took pictures through an open window of an office where patients' personal details were visible on a desk. The Belfast Trust has said that it takes the protection of patient's data "extremely seriously" and is investigating the incident further, saying that it will liaise with the Information Commissioner's Office throughout the process. More from Belfast Live:
https://www.belfastlive.co.uk/news/health/belfast-trust-investigating-patient-details-29695639
Education minister apologises after data breach
Personal details of more than 400 people have been shared by the Department of Education (DE) in a data breach. The Education Minister, Paul Givan, has "unreservedly" apologised to those affected. The data breach involved names, email addresses and comments made by 407 people. More here from the BBC:
https://www.bbc.co.uk/news/articles/cn090715v5no
Microsoft links security to employee performance reviews
Microsoft has made security a “core priority” for its workforce, tying it to employee performance reviews. The technology giant implemented the new policy after a number of high-profile security breaches led to increasing concerns among legislators and regulators. If employees fail to focus on security, it could impact promotions, merit-based pay rises and bonuses. Personnel Today has more on this:
https://www.personneltoday.com/hr/microsoft-links-security-to-employee-performance-reviews/
Watchdog to fine NHS IT firm £6m after medical records hack
The Information Commissioner's Office (ICO) has provisionally imposed a £6m fine on an NHS software provider over a data breach which affected more than 80,000 people. The included sensitive personal information including medical records and "how to gain entry to the homes of 890 people", reports the BBC:
https://www.bbc.co.uk/news/articles/c78llg7n5d5o
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5. The UK is sick and getting sicker – IPPR report ⚓︎
The Institute for Public Policy Research (IPPR) warns the onset of sickness increases the risk of employment exit by up to 112 per cent – meaning good health has the potential to strengthen the economy substantially: through productivity gains, higher growth, a stronger labour market, and a more regionally balanced economic model. The IPPR’s ‘Healthy industry, prosperous economy’ report outlines steps to be taken to harmonise public health and industrial policy:
https://www.ippr.org/articles/healthy-industry-prosperous-economy
You can download the report here:
https://ippr-org.files.svdcdn.com/production/Downloads/Health_and_business_July24_2024-07-30-150125_xyeb.pdf
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6. Employee criminal charges and employer actions ⚓︎
Huw Edwards scandal: New tribunal ruling sheds light on employment law risks
BBC Director General Tim Davie has been on the receiving end of some tough questions regarding the way he handled the Huw Edwards investigation. Among the points raised by Culture Secretary Lisa Nandy were questions on why Mr Edwards was not sacked once the BBC became aware of his arrest and why he received a pay raise during this time. HR Director looks at the risks of dismissing employees suspected of criminal activity:
https://www.thehrdirector.com/business-news/employment_law/huw-edwards-scandal-new-tribunal-ruling-sheds-light-employment-law-risks/
Care assistant unfairly dismissed following murder charge
A care assistant who failed to disclose that she had been charged with murder has won her claim for unfair dismissal at Edinburgh Employment Tribunal. The judge said that her employer Care UK Community Partnerships, which employs more than 10,000 people at 150 residential care homes, had failed to properly investigate whether the charges would cause damage to the group’s reputation. The case highlights the dilemma faced by employers when an employee faces criminal charges. More from Personnel Today:
https://www.personneltoday.com/hr/unfair-dismissal-murder-charge-difolco-v-care-uk/
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7. Just in Case You Missed It... ⚓︎
Understanding Sick Leave: What It Is and How to Manage a Successful Return to Work
Lisa Morrison from AAB People looks at the complexities of absence and how colleagues and employers can support a successful return to work in this article:
https://www.legal-island.com/articles/uk/features/hr/2024/august/understanding-sick-leave-what-it-is-and-how-to-manage-a-successful-return-to-work/
Webinar: The Shape of DEI (Diversity, Equality and Inclusion) in Northern Ireland After the Elections
DEI expert Conor Curran, draws breath after the general and local election results to consider (DEI) manifesto promises. With a focus on workplace diversity & employment/equality law, this webinar will provide some insight as to what changes to working practices employers in NI might can expect in the future. The question is: when? If you missed it, you can catch up here:
https://www.legal-island.com/articles/uk/resources/webinars/2024/august/the-shape-of-diversity-equality-and-inclusion-in-northern-ireland-after-the-elections-conor-curran---2nd-august-2024/
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8. HR Developments ⚓︎
In summer, menopause can be a ‘hot topic’
With summer finally here – employers are being urged to address the hot topic of menopause in the workplace. When it comes to subjects to shy away from in the office – the menopause will more than likely be at the top of the list for many. But with research showing that high numbers of women are considering handing in their notice due to the impact of the menopause, employers are being encouraged to give the once-taboo subject time and a place in their company’s policy. Read more:
https://www.thehrdirector.com/business-news/employee-engagement/summer-menopause-can-hot-topic/
3 Reasons why it’s unethical to discuss politics at work
Discussing politics at work risks violating three crucial ethical principles: Do No Harm, Make Things Better, and Be Fair. That’s why it’s smart to leave politics at the door. This article from Forbes outlines the risks:
https://www.forbes.com/sites/bruceweinstein/2024/07/25/3-reasons-why-its-unethical-to-discuss-politics-at-work/?ss=chro-network
UK workplaces thrive on diversity, as international colleagues boost happiness and culture
New research from employee relocation platform, Jobbatical, has found a direct correlation between workplace diversity and employee happiness. Its research found that over two-thirds (68%) of UK workers have colleagues from different countries in their immediate workplace. And 80% of people with colleagues of a different nationality say they enjoy the culture in their workplace – compared to 62% of those who don’t have foreign colleagues. More from HR Director:
https://www.thehrdirector.com/business-news/culture/uk-workplaces-thrive-diversity-international-colleagues-boost-happiness-culture/
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9. Employment News in the Media ⚓︎
A woman who was sacked after being off sick for more than four years has lost her claim for unfair dismissal. Ms Henderson, who suffered from a condition causing insomnia and brain fog, took her employer to the employment tribunal on the grounds of disability discrimination. Insurers Legal & General, which had protected Henderson’s income, had cut her sick pay saying “There are significant inconsistencies with Jeananne’s reporting and her true level of functioning…and we are no longer satisfied that Jeananne is suffering from symptoms of such severity that she should be prevented from fulfilling the duties of her insured occupation and being prevented from returning to work.” Personnel Today has more on this story:
https://www.personneltoday.com/hr/manager-on-sick-leave-four-years-not-unfairly-dismissed/
A woman whose job offer with Police Scotland was withdrawn because she was taking antidepressants is taking her case to an employment tribunal in August. Laura Mackenzie, from Inverness, had been sent for a medical and was due to be fitted for a uniform before the provisional offer for her "dream job" was withdrawn. The BBC has more on this story:
https://www.bbc.co.uk/news/articles/c28e9gl3wy3o
A former soldier who appeared on recruitment posters for the British Army was subject to repeated racist and sexist abuse. Kerry-Ann Knight, who served in Germany with the 26 Regiment Royal Artillery, has received a settlement and an apology after taking her case to an employment tribunal, which in February 2024 found it did have jurisdiction over the case. More from Personnel Today:
https://www.personneltoday.com/hr/british-army-settles-racism-and-sexism-claim-with-black-poster-girl-soldier/
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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.
Ministers confirm plans to dump controversial strike-busting law
Deputy prime minister Angela Rayner has confirmed that the new government will scrap controversial strike-busting legislation targeting public sector workers which was introduced last year. Rayner and business secretary Jonathan Reynolds said the legislation undermined workers' rights and had failed to resolve any industrial action since its introduction. They said the Strikes Act would be repealed by the new Employment Rights Bill that is due to be introduced before the end of November – and that departments that currently have powers to demand minimum service levels were being instructed not to use them. Civil Service World has more on this story:
https://www.civilserviceworld.com/news/article/ministers-confirm-plans-to-dump-controversial-strikebusting-law
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11. Health and Safety Developments ⚓︎
Do you know the real costs of accidents in the workplace in the UK?
NB: NI has its own Health & Safety Executive, this article is interesting nonetheless.
Every year, the UK’s Health and Safety Executive publishes statistics revealing the number of employees injured in accidents at work. The most recent figures show that 135 workers were the victims of fatal accidents in the past year, whilst over 560,000 workers self-reported their own non-fatal injury accidents. Employers reported another 60,000 accidents, as the law requires them to do so when a workplace accident results in a reportable injury. More:
https://www.lawnews.co.uk/sector-insights/injury-negligence/do-you-know-the-real-costs-of-accidents-in-the-workplace-in-the-uk/
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12. Free Webinars This Month ⚓︎
Comparative Law Webinar with Lewis Silkin LLP
Thursday 19 September at 11 a.m.
Join Christine and the experts at Lewis Silkin LLP for the unveiling of our latest comparative law edition! This must-attend webinar dives into the latest employment law updates in NI, GB, and Ireland, ensuring your organisation is jurisdiction savvy.
You can register here: 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.
Register Now: https://www.legal-island.com/event/forthcoming-webinars-ni/
Check out previous discussions:
https://www.legal-island.com/resources/any-questions-webinars/
Enjoy the weekend.
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