⏳ Short on time? Catch up fast with this week’s Top 5 Must-Reads:

1. 36.5% of employers say absence causing a decline in service quality 💊🤒
2. A&L Goodbody: Charities can now send marketing emails without explicit consent - learn why here!📨
3. £10k award against Belfast Hotel in religious discrimination case 💰⚖️
4. Prison governor found guilty of misconduct in a public office 🎁🏎️

5. Could the rise in staffing costs result in the 'collapse' of NI public services? 💵📉🧑‍⚕️

   And in other news...when you hear 'data protection', you may quietly roll your eyes and sigh. But not this time. Join us for Data Protection Annual Update 2025 on 21 May - an essential (and yes, enjoyable) event tailored for HR professionals who’d rather not find out the hard way that a “casual note” about Dave from Accounts is actually discoverable in a workplace investigation.🔍🕵️‍♂️

   **If you have any difficulties accessing the article or resetting your password (if you haven’t already done so in 2025) please email hub@legal-island.com and we’ll be in touch with you as soon as possible.**

1. Case Law Reviews
2. AI and Employment Law
3. US Tariffs and Economic Outlook
4. Absence and Employee Wellbeing
5. Flexible Working
6. DEI
7. Just in Case You Missed It...
8. HR Developments
9. Employment News in the Media
10. GB Developments
11. Health and Safety Developments

McCord v Carrickfergus and Larne Child Contact Centre Ltd [2025]

Summary Description: 

Claims dismissed due to failure to adhere to time limits when the claimant relied upon solicitor advice and that is not sufficient to discharge the burden that it was not reasonably practicable to submit within the actual time limit.

Claimant: 

Michelle McCord

Respondent:

Carrickfergus and Larne Child Contact Centre Ltd

Practical Guidance for Employers:

An important case relating to the settled authorities that reliance upon incorrect advice does not constitute grounds for time to be extended in the Industrial Tribunal.  Legal advisors should make this a key aspect of their practice to ensure that deadlines and time limits are adhered to as the authorities do not provide any real latitude for the Tribunal to extend time where that is the reason for the delay.

Read the Review in full:
McCord v Carrickfergus and Larne Child Contact Centre Ltd [2025]

Brimacombe v Shamrock Farm Enterprises Ltd [2025]

Summary Description:

Claimant got an award for arrears of pay and holiday pay when only worked for one month and received no pay from the respondent.

Claimant:

Susan Brimacombe

Respondent:

Shamrock Farm Enterprises Ltd

Practical Guidance for Employers:

The claimant brought a claim for the arrears of pay as well as holiday pay accrued through the very short period of employment.  The respondent did not appear at the Tribunal and was not represented. The Tribunal accepted the claimant’s argument regarding arrears of pay and the 5 weeks’ pay worked out at £3,315.00 and the holiday pay was calculated at 2 days considering the length of time worked which was set out as £124.00 when subject to deductions.

Read the Review in full:

Brimacombe v Shamrock Farm Enterprises Ltd [2025]
 
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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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UK retailers and restaurants turn to AI as £5 billion wage rise looms

As UK retail and hospitality businesses face significant wage and tax rises, many firms recognise the need to improve labour productivity and employee engagement, prompting a growing need for investments in Artificial Intelligence (AI). Retailers are trying to lessen the burden of rising labour costs on their businesses. Instead of implementing price hikes or cutting headcount, AI offers a viable – but so far untapped – alternative lever,  where improved productivity and staff engagement mitigate wage tax challenges, a report from Legion Technologies suggests. You can read more from HR Director:
https://www.thehrdirector.com/business-news/hr_in_business/uk-retailers-restaurants-turn-ai-5-billion-wage-rise-looms/

“From Co-Pilot to Colleague: Why AI Agents Are Your Newest Team Members”

Barry Phillips, in his newest podcast episode, explores the future of workplace tech—unpacking how AI agents are moving from digital co-pilots to indispensable colleagues. What does this mean for your team, your workload, and the law? Tune in for a thought-provoking look at the rise of AI in the modern office.

“From Co-Pilot to Colleague: Why AI Agents Are Your Newest Team Members”

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'Governments have work to do' on potential Trump tariff effects

Political leaders have a "job of work to do" to ensure US tariffs do not lead to unintended negative consequences for businesses, the head of Northern Ireland's Chamber has said. Suzanne Wylie said the tariffs announcement "delivered big changes which present a real and substantial test for Northern Ireland businesses", reports the BBC:
https://www.bbc.co.uk/news/articles/cx2w0jdn8rdo

Stark warning from GP's as rise in staffing costs could result in the 'collapse' of public services

A group of public service bodies across Northern Ireland have warned that new UK Government National Insurance Contribution and Minimum Wage increases will have an immediate impact on patients and leaving them at 'risk of collapse.’ Community Pharmacists, General Practitioners, Dentists and Optometrists called on the Health Minister and the Northern Ireland Executive for immediate financial support. More from ITV:
https://www.itv.com/news/utv/2025-04-07/northern-irelands-public-services-at-risk-of-collapse

But here's one way to offset costs...

Navigating NICs: Leveraging Pension Contributions from 6 April 2025

On 6 April 2025, significant changes to National Insurance Contributions (NICs) come into effect, impacting employers across the UK. These changes include a reduction in the Secondary Threshold from £9,100 to £5,000 per year and an increase in the secondary Class 1 NIC rate from 13.8% to 15%. As a result, employers will face higher NIC liabilities, increasing the cost of employing staff. Salary sacrifice arrangements, or salary exchange arrangements as they are often known, (particularly involving employees’ increased pension contributions) can present a strategy for employers to mitigate these increased costs. More from Lexology:
https://www.lexology.com/library/detail.aspx?g=439da93c-637d-44d2-a6c3-867187e5937b&utm_

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Workplaces urged to ‘lead with love’ for Stress Awareness Month

Businesses across the UK have been urged to prioritise employee well-being this April as Stress Awareness Month has highlighted the growing impact of workplace stress. This year’s campaign is centred on the theme #LeadWithLove, encouraging employers to foster kindness, empathy, and understanding in the workplace:
https://www.healthandsafetyinternational.com/article/1912637/workplaces-urged-lead-love-stress-awareness-month

Employers struggling to manage rising levels of sickness absence – poll

Rising levels of sickness are taking a toll on many workplaces, research has suggested, with employers reporting increased absence affecting their productivity, service quality, staff morale and, ultimately, their bottom line. A poll of 233 employers by the Recruitment and Employment Confederation (REC) found nearly half said rising sickness rates were resulting in reduced productivity. Other findings include:

•    36.5% said it was causing a decline in service quality 
•    31% pointing to lower morale among co-workers as a result 
•    26% said it was causing either direct or indirect financial implications for their business.

You can read the full story from Personnel Today:
https://www.personneltoday.com/hr/employers-struggling-to-manage-rising-levels-of-sickness-absence-poll/

The business case for mental safety: Why HR leaders must prioritise psychological well-being

Creating a workplace where employees feel psychologically safe isn’t just an ethical imperative—it’s a strategic advantage. Organisations that invest in mental safety see higher engagement, reduced turnover, and increased productivity. In contrast, environments that lack psychological safety contribute to burnout, absenteeism, and disengagement, ultimately affecting the bottom line. So, how can HR leaders cultivate a culture of mental well-being? HR Dive provides guidance:
https://www.hrdive.com/spons/the-business-case-for-mental-safety-why-hr-leaders-must-prioritize-psychol/744436/

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Flexibility in Focus - Flexible Working Case Study

Thinking about how flexible working might work for your organisation? Read this short case study from the Labour Relations Agency and get inspired:
https://www.lra.org.uk/resources/flexibility-focus-flexible-working-case-study

Flexible working is most sought-after benefit - but employers still don’t offer it

Flexible working, sick pay and pensions are the most sought-after benefits for jobseekers, but employers are failing to offer them, new research suggests. A study of millions of job adverts by Totaljobs found a significant gap between what candidates want and what’s on offer. While 40 per cent of prospective employees prioritise flexible hours, only 13 per cent of job postings mention this perk. The Independent has more on this story:
https://www.independent.co.uk/news/uk/home-news/flexible-working-benefit-study-pensions-b2728370.html

Junior workers expect more pay for onsite roles and want ‘best of both’ working styles, finds new global study

The Covid-19 pandemic and the accelerated shift towards remote working has had a radical impact on the workforce with a majority of younger workers (64%) saying that fully on-site jobs should be paid more than remote roles, a new global study conducted by BSI has found. The research, part of BSI’s Evolving Together series, provides crucial insight into how the “hybrid generation”, lacking experience of the pre-pandemic workplace, have been shaped by these unique circumstances and how this is likely to continue to impact them and shape the future of work. You can read more from Specification online:
https://specificationonline.co.uk/articles/2025-04-10/bsi/junior-workers-expect-more-pay-for-onsite-roles-and-want-best-of-both-working-styles-finds-new-global-study

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Religious discrimination case against Belfast Hotel settled for £10,000

Jonathan Kerr has settled his religious discrimination case against Pandox Belfast Limited, known as Hilton Belfast, for £10,000. The case was supported by the Equality Commission for Northern Ireland. Mr Kerr applied for a Night Porter role with the hotel.  As a practising Judaeo-Christian. Mr Kerr observes the Sabbath from Friday sunset to Saturday sunset and does not work for an hour before or after sundown. After a successful job interview, Mr Kerr received an offer of employment but the job offer was revoked three days before he was due to work his first shift. Find out more here:
https://www.equalityni.org/Footer-Links/News/Individuals/Religious-discrimination-case-against-Belfast-Hote

Asda workers left disheartened after equal pay setback

A significant legal setback has left thousands excluded from an ongoing equal pay claim. The legal battle, which began a decade ago, was launched by store workers who argued they should receive the same pay as their colleagues in Asda’s distribution warehouses. For years, the courts ruled in favour of the store employees. But recently, a decision was made to exclude grocery and home shopping workers from the claim. More from Yahoo:
https://uk.news.yahoo.com/asda-workers-left-disheartened-equal-030000621.html

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Good news for the charity sector – Data (Use and Access) Bill amendment will extend the “soft opt in” to charities

The charity sector in Northern Ireland and the rest of the UK has long faced challenges in reaching out to supporters through direct marketing communications.  Unlike commercial organisations, most charities have been unable to utilise the 'soft opt-in' exemption, which allows businesses to send marketing emails without explicit consent. However, a recent amendment to the Data (Use and Access) Bill (DUA Bill) promises to level the playing field, enabling charities to benefit from this exemption and increase revenue generation.  Aisling Byrne and Eimear Meenan from A&L Goodbody provide an update on these changes:
https://legal-island.com/employment-law-hub/good-news-for-the-charity-sector-data-use-and-access-bill-amendment-will-extend-the-soft-opt-in-to-charities

Employment Law at 11 - Diversity & Inclusion Special

Seamus McGranaghan of O’Reilly Stewart Solicitors and Legal Island’s Christine Quinn explored the evolving challenges in the DEI landscape in light of increasing global scrutiny and backlash against DEI initiatives, spurred on in no small part by the Trump White House.  If you missed it, you can catch up on the recording here:
https://legal-island.com/employment-law-hub/employment-law-at-11-diversity-inclusion-special-4th-april-2025

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‘Gentle management’: could a softer leadership style boost productivity?

People Management investigates whether the trending practice is helping or hindering workforce output, with experts emphasising a balance of support and accountability is crucial:
https://www.peoplemanagement.co.uk/article/1913237/gentle-management-softer-leadership-style-boost-productivity

What to do when one of your employees is working against you

Harvard Business Review provides guidance on what to do when your direct report is creating problems only to fix them, one team member is hoarding knowledge, or two employees have created a disruptive office clique:
https://hbr.org/podcast/2025/04/when-one-of-your-employees-is-working-against-you

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West Yorkshire Police has rejected positive discrimination allegations in the UK press that white British-born candidates have been blocked from applying for jobs as part of attempts to boost diversity. According to accounts in the Telegraph, among other publications, West Yorkshire Police had allowed under-represented groups to submit applications early while applications from white British-born candidates were allegedly hidden. But WYP stated that no interviews were held until recruitment windows were open, a policy it said complied fully with the Equality Act 2010. More:
https://www.personneltoday.com/hr/west-yorkshire-police-denies-positive-discrimination-accusations/

Secretive NHS Fife has been blasted after lodging a legal bid attempting to block the public from viewing the conclusion of the Sandie Peggie employment tribunal. The case is set to restart in July after commencing in February, with the delay the result of the health board refusing to hand over key documents. And now the health board want to ban the public from watching the live stream of the case, and also stop Tribunal Tweets from live-tweeting it as it claims there have been "inaccuracies" in the coverage. Judge Kemp will decide on this in a behind closed doors summit on Tuesday, April 15. Catch up:
https://www.scottishdailyexpress.co.uk/news/politics/secretive-nhs-fife-lodge-legal-35029201

Operations workers at Gatwick Airport are due to strike over the Easter bank holiday weekend. More than one hundred members of Unite, who work for the ground handling firm Red Handling, are among those taking industrial action. The trade union says the walkout is over several issues, including pensions not being paid. More from ITV:
https://www.itv.com/news/meridian/2025-04-08/easter-holiday-disruption-expected-as-airport-workers-strike-over-pensions

A prison governor has been found guilty of misconduct in a public office, after she started a relationship with a Liverpool drug gang boss nicknamed “Jesse Pinkman” after a character in the TV show Breaking Bad. Kerri Pegg has been told she faces jail after she accepted a gift of a £12,000 Mercedes C-Class car, which Anthony Saunderson paid for with 34kg of amphetamines. The Guardian has more here:
https://www.theguardian.com/society/2025/apr/08/prison-governor-faces-jail-relationship-liverpool-drug-boss

A garage apprentice who threatened a colleague he thought had pranked him by “smashing his crisps” and poking “finger-sized holes through his sandwiches” was not unfairly dismissed, an employment tribunal has ruled. Brooklyn Forrester-Hayes accused his fellow apprentice of “tampering with his lunch”, telling him he would mess up his toolbox and damage his bike unless he owned up, the tribunal was told. Despite hearing that there was a culture of “banter” and “pranking” at the Scania truck depot, the apprentice was sacked after bosses saw the “abusive messages” he had been sending. The Standard has more on this:
https://www.standard.co.uk/news/crime/apprentice-adhd-swindon-snapchat-b1221559.html

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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.

Whistleblowing protections do not extend to external job applicants, court rules

In Sullivan v Isle of Wight Council, the Court of Appeal has held that external job applicants, other than applicants to roles within the NHS, do not enjoy whistleblowing protections under the Employment Rights Act 1996. The appellant was an external applicant for a job with the respondent local authority. She alleged that she had blown the whistle about the prospective employer and had been subjected to detriment as a result. However, the Employment Rights Act on its ordinary domestic interpretation only provides whistleblowing protections to employees; it does not apply to external job applicants (save for applicants to NHS roles). More from Matrix:
https://www.matrixlaw.co.uk/news/court-of-appeal-rules-on-whistleblowing-protections-for-job-applicants/

Eight new equality laws in the pipeline

The government has launched a consultation on reforms to eight areas of equality law, which include a new equal pay enforcement body, expanding equal pay laws for race and disability, and enacting dual discrimination provisions in the Equality Act. Women and equalities ministers Seema Malhotra and Baroness Smith of Malvern announced a call for evidence on equality laws yesterday in Parliament to shape future policies and potential legislative reform. Personnel Today has more here:
https://www.personneltoday.com/hr/consultation-new-equality-laws-in-the-pipeline-uk/

Latest amendments to the Employment Rights Bill: Where are we now?

Following the initial draft of the Employment Rights Bill, significant amendments have been introduced as the legislation continues its journey through Parliament. This article from Mishcon de Reya provides an overview of the key changes that HR professionals and business managers should be aware of:
https://www.mishcon.com/news/latest-amendments-to-the-employment-rights-bill-where-are-we-now

UK Businesses Prioritising Employee Handbooks and Contracts Ahead of Employment Rights Bill

UK businesses are prioritising robust employee handbooks and contracts now ahead of the Employment Rights Bill. Discover key survey insights revealing their focus on legal compliance, enhanced employee guidance, and proactive annual reviews.  HRD Connect has more here:
https://www.hrdconnect.com/2025/04/07/uk-businesses-prioritising-employee-handbooks-and-contracts-ahead-of-employment-rights-bill/

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Inquest hears how West Belfast man fell to his death from plane at Dublin Airport

Richard Gracey fell headfirst to the ground from a height of five metres while unloading cargo from an Air France aircraft on the morning of November 24, 2018. Mr Gracey, originally from Andersonstown, West Belfast, had worked as a cargo handler with Swissport Ireland since April 2005. A verdict of a workplace-related fatality was returned by a jury at Dublin District Coroner's Court on Tuesday. The jury also acknowledged and expressed satisfaction with changes made to operating procedures by Swissport since the fatal incident but recommended safety training for staff should be offered on a more frequent basis. More from Belfast Live:
https://www.belfastlive.co.uk/news/belfast-news/inquest-hears-how-west-belfast-31381901

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