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This week's top 5:
- Is it okay for employees to do ‘life admin’ during work hours?
- IBM points to need for more female leadership of AI
- Cybercriminals release ‘substantial amount’ of Scottish NHS data
- Remote work ban at Manchester United
- £8k settlement in disability discrimination case against NI chip shop
And in other news...............Catch up on this week's AI podcast, exploring why ChatGPT should be every HR manager’s brainstorming partner...
- Case Law Reviews
- AI and Employment Law
- Data Protection
- Rise in small business confidence could signal end of recession, new report finds
- Ratcliffe cites email traffic in imposing remote work ban at Manchester United
- £8k settlement in disability discrimination case against chip shop
- Just in Case You Missed It...
- HR Developments
- Employment News in the Media
- GB Developments
- Free Webinars This Month
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1. Case Law Reviews
Secretary of State for Business and Trade v Mercer [2024] UKSC 12
Summary Description: Supreme Court ruling that Section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 was contrary to the protections in Article 11 of the European Convention on Human Rights as there was no protection for action short of dismissal relating to those undertaking or organising lawful industrial action.
Claimant: Mercer
Respondent: Secretary of State for Business and Trade
Keywords: Trade Union; Human Rights
Practical Guidance for Employers:
A significant Supreme Court decision relating to protection for those participating or organising industrial action as part of a Trade Union. The fact the legislation did not provide any protection for action short of dismissal meant that it was contrary to the Article 11 protections. This could be of significance for those who are facing Trade Union activity in the workplace to have awareness of the fact that there is likely to be additional protection coming as a result of the declaration of incompatibility issued by the Supreme Court.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/may/secretary-of-state-for-business-and-trade-v-mercer-2024/
AA v B & C Limited [2024] NIIT 11316/23
Summary Description: Claimant was found to have been sexually harassed by her boss through various acts of touching and comments.
Claimant: AA (Anonymised)
Respondent: B and C Limited (Anonymised)
Keywords: Sexual Harassment
Practical Guidance for Employers:
In considering the findings of fact this is clearly a case in which the claimant was subjected to sexual harassment. The Tribunal provided a good series of steps in determining whether there has been sexual harassment which will be useful for HR professionals and lawyers alike. It is also important to note that the employer can be vicariously liable for the actions of their employees in such situations and it will depend upon having up-to-date training for employees to try and avoid being vicariously liable in these contexts.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/may/aa-v-b--c-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
Why ChatGPT Should Be Every HR Manager’s Brainstorming Partner
In this week's AI podcast, Barry Phillips argues that early evidence suggests that brainstorming now is always done better with ChatGPT than without.
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IBM points to need for more female leadership of AI
Women need to play a major role in the development of AI at organisations, the chief executive of IBM UK & Ireland has said. Without their involvement there were risks around how AI would serve organisations effectively, she said. Among the findings of the Female Leadership in the Age of AI UK report were that almost half (48%) of UK business leaders admitted to needing more support on skills development and learning in AI, with 44% wanting more opportunities to experience AI in action. Personnel Today has more on this:
https://www.personneltoday.com/hr/ibm-study-points-to-need-for-more-female-leadership-of-ai/
Can the employee experience be elevated with AI?
While technology has streamlined HR processes, advanced AI presents an opportunity to radically enhance how employees interact with and experience the workplace. AI excels at automating repetitive, routine tasks that have traditionally burdened HR teams and employees. By leveraging AI to streamline workflows like payroll, compliance, documentation and data entry, organizations can minimize mundane workloads. HRD Connect has more:
https://www.hrdconnect.com/2024/05/07/can-the-employee-experience-be-elevated-with-ai/
Government publishes guidance on AI in recruitment processes
The Department for Science, Innovation and Technology (DSIT) published new guidance on procuring and deploying AI technology and systems responsibly in the HR and recruitment sector. The guidance is aimed at a non-technical audience.
https://www.dentons.com/en/insights/articles/2024/may/7/government-publishes-guidance-on-ai-in-recruitment-processes
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3. Data Protection
Cybercriminals release ‘substantial amount’ of Scottish NHS data
A ransomware collective that attacked NHS Dumfries and Galloway is reported to have published large volumes of info on the dark web, in what leaders call an ‘abhorrent criminal act’ reports Public Technology:
https://www.publictechnology.net/2024/05/08/defence-and-security/cybercriminals-release-substantial-amount-of-scottish-nhs-data/
Ministry of Defence payroll system hacked
Thousands of past and present members of the armed forces have had their payroll details hacked in an attack on Ministry of Defence data. The data breach reportedly involves a payroll system for current service personnel, as well as some veterans. CSW understands that civilian staff are not affected. MP Tobias Ellwood, chair of parliament's Defence Select Committee and a former captain in the Royal Green Jackets, told Sky News he believed China was responsible for the attack and that it was "probably looking at the financially vulnerable with a view that they may be coerced in exchange for cash". Civil Service World has more on this:
https://www.civilserviceworld.com/professions/article/ministry-of-defence-payroll-system-hacked
First-tier Tribunal ruling on Join the Triboo appeal
The online recruitment firm appealed a fine of £130,000 and an enforcement notice issued by the ICO in April 2023 for sending 107 million spam emails to over 400,000 people without their consent between August 2019 and August 2020. In a judgment handed down last week, the Tribunal dismissed the appeal against the fine and upheld the penalty amount of £130,000. The Tribunal found that Join the Triboo’s privacy policy was “poorly signposted”, and that registration alone could not be treated as consent to direct marketing. More from the ICO:
https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2024/05/first-tier-tribunal-ruling-on-join-the-triboo-appeal/
Northern Ireland Data Protection Update 2024
Want to limit and eliminate data protection issues in your organisation? Legal Island's annual Northern Ireland Data Protection Update in association with Pinsent Masons is specifically designed to provide you with a comprehensive overview of the data protection issues that matter to HR professionals and employers in Northern Ireland. More info here:
https://www.legal-island.com/event/northern-ireland-data-protection-update-2024/
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4. Rise in small business confidence could signal end of recession, new report finds
Small business confidence made a welcome return to positive territory for the first time in two years, the first evidence that the small business community has now come out of the late 2023 recession, according to FSB’s Small Business Index (SBI) for Q1 2024. The headline confidence reading jumped up over 20 points to reach +5.5 points in the first three months of 2024, up from -15.0 points in the final quarter of last year. The most positive sector is manufacturing (+19.2 points), getting over a tough last quarter, with the least positive being accommodation and food services (-11.8 points) – a 31-point difference. More from FSB:
https://www.fsb.org.uk/resources-page/rise-in-small-business-confidence-could-signal-end-of-recession-new-report-finds.html
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5. Ratcliffe cites email traffic in imposing remote work ban at Manchester United
Sir Jim Ratcliffe cited email traffic statistics to Manchester United staff as the basis for a ban on working from home and told them to seek “alternative employment” if they are not willing to come to club premises. United have had a flexible work-from-home policy since Covid but Ratcliffe signalled an end to this during an all-staff meeting held in person and via video call last week as part of his tour of Old Trafford and the Carrington training base. He informed the club’s approximately 1,000 employees that email traffic dropped by 20% when one of his companies experimented with work-from-home Fridays, which he cited as the reason for his diktat. More from the Guardian:
https://www.theguardian.com/football/article/2024/may/08/sir-jim-ratcliffe-manchester-united-remote-work-ban-email-traffic
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6. £8k settlement in disability discrimination case against chip shop
A chip shop worker with autism has settled his disability discrimination case for £8000 against Mak's Plaice, in Magheralin, County Armagh. The case was supported by the Equality Commission for Northern Ireland. Oisín McKerr was a school pupil, when he applied for his first part-time job at the takeaway shop. He says that he declared that he lives with autism on his application. He was delighted to be offered the job. In January 2023, a few months after starting, Oisín was told it was a quiet time for the shop, and he might get more hours in March. The next week Oisín received a text message to pick up his final pay cheque and return his uniform.
Mary Kitson, Senior Legal Officer, Equality Commission for Northern Ireland said: “Employees with autism have protections under the Disability Discrimination Act. Employers are required to make reasonable adjustments to remove barriers to the recruitment and employment of people with disabilities." Reda more direct from the ECNI:
https://www.equalityni.org/Footer-Links/News/Individuals/%C2%A38k-settlement-in-disability-case-against-chip-sho
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7. Just in Case You Missed It...
Employment Law at 11 - 3rd May 2024
Harassment in the Workplace
Catch up with last week's webinar when Christine and Seamus heard from Claire Webb of the Labour Relations Agency in an engaging discussion around harassment in the workplace. Claire assisted in drafting the new guidance released in March. We heard direct from her on its impact and implications. Listen now and get up to date on the new guidance, best practice and what you can do to ensure your staff’s safety and reduce the risks to your organisation of costly claims. Listen now:
https://www.legal-island.com/articles/uk/resources/webinar-recordings/2024/may/employment-law-at-11---3rd-may-2024/
Q&A with Chris Fullerton, Arthur Cox NI
- Can you Conduct a Disciplinary Hearing While an Employee is off on Long-term Sick Leave?
- What Documents/Information Must an Employer Share With Their Employee During a Disciplinary Investigation?
- Can an Employee go off Sick While Suspended from Work?
Read the full First Tuesday series here: https://www.legal-island.com/employment-law-hub/regular-features/firsttuesdaylisting/
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8. HR Developments
The essential HR and line manager alliance
Forge a strong HR-manager alliance through open communication, shared goals, and collaborative strategies for organizational excellence. HRD Connect has more here:
https://www.hrdconnect.com/2024/05/03/the-essential-hr-and-line-manager-alliance/
Is it okay for employees to do ‘life admin’ during work hours?
A recent survey by Nous found that more than 40% of HR leaders believe their teams are doing more ‘life admin’ tasks during work hours due to the pressures of the cost-of-living crisis. Is allowing some leniency over life admin tasks a sign of slipping standards and something that will inevitably be abused, or a hallmark of a forward-thinking organisation that trusts its employees and has their best interests at heart? More from Management Today:
https://www.managementtoday.co.uk/mt-asks-okay-employees-life-admin-during-work-hours/food-for-thought/article/1871453
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9. Employment News in the Media
Belgium has become the first country in the world to approve an employment law that gives prostitutes new rights, including being able to access pensions, health insurance and maternity leave. The new law allows sex workers to sign employment contracts with pimps that gives them access to rights that they previously did not have, despite the legalisation of the world's oldest profession in 2022. They also get access to unemployment and family benefits, as well as annual leave rights, and the new law gives them the right to end their contract with no notice period. More from the Daily Mail:
https://www.dailymail.co.uk/news/article-13396265/Prostitutes-entitled-health-insurance-pensions-maternity-leave-world-employment-law-Belgium-offers-mediation-disputes-pimps.html
A law firm was entitled to withdraw a job offer from a man who was “rude and difficult” during an online onboarding meeting, an employment tribunal has ruled. Employment Judge Burge said defendant firm Keoghs did not treat Mr S Lasdas less favourably than it would have treated someone who was not Greek. He sued the firm for race discrimination and victimisation after withdrawing the offer of a fixed-term IT role. More from Legal Futures:
https://www.legalfutures.co.uk/latest-news/law-firm-entitled-to-withdraw-job-offer-made-to-rude-worker
An award winning play about sexual assault and the legal system is being used to help train judges in Northern Ireland. Jodie Comer starred in Prima Facie in both the West End and on Broadway. A recorded version of the show is being made available to judges who deal with sexual assault cases in Northern Ireland's courts. More from the BBC:
https://www.bbc.co.uk/news/articles/c51n0v0pej9o
A children's home worker has won an employment tribunal after she was left "humiliated and embarrassed" by her bosses. Dee Leigh submitted a claim to the employment tribunal on the grounds of discrimination arising from disability, failure to make reasonable adjustments and harassment. More from Lancs Live:
https://www.lancs.live/news/lancashire-news/childrens-home-worker-who-could-29110368
A shameless nurse bagged herself a new job and posted photos of lavish holidays all while claiming sick pay on the NHS. Sarah Oakes deceit including forging a doctor's note and faking a reference from her employer. She was rumbled when she posted snaps of herself and her new husband on their travels on social media. More from the Daily Record:
https://www.dailyrecord.co.uk/news/uk-world-news/shameless-nurse-who-faked-sick-32727485
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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.
Labour to target sexual harassment of interns and volunteers
Labour deputy leader Angela Rayner has unveiled new plans to crack down on the sexual harassment of interns and volunteers in the GB workplace, pledging to give women ‘the best start at working life’. In a keynote speech at the Chartered Management Institute’s women’s conference, Labour’s deputy leader outlined plans to make employers liable if they are made aware of an incident that affects interns and volunteers and fail to take action. More:
https://www.personneltoday.com/hr/laboursexual-harassment-of-interns-and-volunteers-policy/
Employment law bulletin: prepare for TUPE changes
Having recognised the pain that TUPE puts many smaller employers through, the Westminister government announced proposed changes last year, with the aim of cutting over £1bn in red tape for GB employers and reducing the burden of the inform and consult rules. The government now intends to bring the changes in GB forward to July 2024 to become law. The government proposes to extend the legal definition of a micro business to mean a business with fewer than 50 employees, or to one where the number of affected employees is fewer than 10, regardless of the size of the organisation. This change will bring companies that are currently defined as small businesses into scope and reduce the burden on them. Raconteur has more on this:
https://www.raconteur.net/risk-regulation/employment-law-bulletin-tupe-changes
Areas to pilot WorkWell employment support service revealed
The government has earmarked 15 areas across England that will pilot the WorkWell scheme designed to help people with health conditions back into work. Last year the chancellor announced plans to pilot a new WorkWell programme that would integrate employment and health support, in a bid to tackle rising economic inactivity. The Department for Work and Pensions (DWP) revealed the 15 areas that will become part of the £64m pilot, which from October will aim to connect an estimated 59,000 people to local support services such as physiotherapy and counselling. More from Personnel Today:
https://www.personneltoday.com/hr/areas-to-pilot-workwell-employment-support-service-revealed/
Navigating carer’s leave: A personal journey and call for change
The Carer’s Leave Act 2023, which came into force on 6 April 2024 in GB (it does not apply here in NI), was a pivotal moment for the GB. It allows workers in GB to take up to five unpaid days off a year to carry out caring responsibilities. This landmark legislation marks a significant step forward in recognising the invaluable contributions of carers in our society and their ability to stay in employment. But while it represents a commendable starting point, it’s imperative for employers to view it as just that – a starting point. There remains a crucial aspect that demands attention: the need for paid leave. More from Legal Futures:
https://www.legalfutures.co.uk/blog/navigating-carers-leave-a-personal-journey-and-call-for-change
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11. 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/7561979620020289629?source=WR
Check out previous discussions:
https://www.legal-island.com/resources/any-questions-webinars/
Enjoy the weekend.
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