I don't know about you, but I sure could use a break. You know things are getting out of hand when even the ice cream vans are taking floating holidays...

This week's top 5:

1. 20% of UK public sector workforce time could be saved with adoption of AI
2. Horizon IT scandal based on mixture of “incomplete curiosity” and “a toxic culture”
3. £372,000 saved on agency staff costs over a year with Council's 4 day week success
4. Overwhelmed by notifications? Here's how to tackle digital overload...
5. ‘A bigger reset’: what Labour’s landslide victory means for HR

And in other news... We're sending out our weekly round-up earlier this week due to the bank holiday. Normal schedule will resume from next week - hope you enjoy the long weekend!

CONTENTS

1. Case Law Reviews
2. AI and Employment Law
3. Sales rep settles disability discrimination case
4. Minister announces consultation on Domestic Abuse Safe Leave
5. The Working Time (Amendment) Regulations (Northern Ireland) 2024
6. Workplace culture
7. Four day week
8. Just in Case You Missed It...
9. HR Developments
10. Employment News in the Media
11. GB Developments
12. Health and Safety Developments
13. Free Webinars This Month

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1. Case Law Reviews

Blair v Burr [2024]

Summary Description:
Tribunal should have adjudicated upon a claim which was outlined in the narrative even when the box on the ET1 form was not ticked.

Claimant: Ronnie Blair

Respondent: George Burr

Keywords: Notice Pay; Tribunal Procedure

Practical Guidance for Employers:
This case demonstrates the need for the Tribunal to bear in mind the ET1 form in its totality.  In this case, the claimant did not tick the box but the narrative given did outline that there was a claim being brought in relation to unlawful deduction from wages and not just in relation to notice pay. The failure to adjudicate upon that issue then meant that the appeal was successful and the case was to be remitted.

You can read the review in full here: https://www.legal-island.com/articles/uk/case-law/2024/july/blair-v-burr-2024/

Watson v Wallwork Nelson Johnson & Johnson [2024] EAT 105

Summary Description:
Claimant found to be a partner, rather than an employee, and could not bring a claim for unfair dismissal.

Claimant: Christopher Watson

Respondent: Wallwork Nelson Johnson & Ian Johnson

Keywords: Employment Status; Unfair Dismissal

Practical Guidance for Employers:
This serves as an interesting case when it comes to employees who are being made partners.  The EAT outlines that the genuine intentions of the parties have to be considered rather than it being one looking for the partnership agreement in writing.    As a result, it was found the facts tipped in favour of partnership meaning that no unfair dismissal action could be taken as there was no status of employee.  This is something to consider in those industries which are largely governed by partnerships and the implication it can have on the rights and responsibilities arising in the course of work.

You can read the full review here: https://www.legal-island.com/articles/uk/case-law/2024/july/watson-v-wallwork-nelson-johnson--johnson-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

Blair pushes potential for AI to reduce public sector workforce costs

Former prime minister Sir Tony Blair think tank published a paper suggesting that the adoption of AI across the UK public sector could save around 20% of workforce time – amounting to £10bn a year by the end of the new parliament. Civil Service World has more here: 
https://www.civilserviceworld.com/professions/article/blair-pushes-potential-for-ai-to-reduce-publicsector-workforce-costs

These are key risks AI poses to employers, says legal expert

Euan Smith, senior office partner at law firm Eversheds Sutherland in Edinburgh, outlines some AI risks relating to accuracy, bias and automated decision-making in this article from the Scotsman:
https://www.scotsman.com/business/these-are-key-risks-ai-poses-to-employers-says-legal-expert-4693063

Employers! What are the alternatives to ChatGPT?

Barry Phillips considers whether there really are any viable alternatives to ChatGPT and if so, how we choose the best one:

https://www.legal-island.com/articles/uk/resources/ai-for-hr-weekly-podcast/2024/july-2024/employers-what-are-the-alternatives-to-chatgpt/

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3. Sales rep settles disability discrimination case

A sales representative has settled his disability discrimination case against Haldane Fisher Ltd for £20,000 with supported from the Equality Commission for Northern Ireland. Mark Graham said: “This has been a very difficult time and I’m disappointed that after 28 years service, my career ended as it did. I needed my employer to support me to remain in a job I enjoyed and was very good at. I believe they did not fully understand my disability. I felt that I was considered a burden and that I could not be trusted.” The full story from the Equality Commission is here:
https://www.equalityni.org/Footer-Links/News/Individuals/Sales-rep-settles-disability-discrimination-case-f

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4. Minister announces consultation on Domestic Abuse Safe Leave

The Domestic Abuse (Safe Leave) Act (NI) 2022 was passed by the Assembly in March 2022. The Department for the Economy has opened a consultation to operationalise this Act and you can read more here: 
https://www.economy-ni.gov.uk/news/minister-announces-consultation-domestic-abuse-safe-leave

You can submit your views until 27 September 2024 here: 
https://www.economy-ni.gov.uk/consultations/domestic-abuse-safe-leave

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5. The Working Time (Amendment) Regulations (Northern Ireland) 2024 - Clarification on unused leave

The amendment clarifies the definition of statutory leave within those regulations is the same as that within Part IX of the Employment Rights (Northern Ireland) Order 1996. The amendment to Regulation 17(5) clarifies that compensation related to an entitlement to leave will cover unused leave, at the point that a worker's employment is terminated, if the worker is entitled to carry over that unused leave into the next immediate leave year by virtue of a relevant agreement. This SR clarifies the continuance of existing rights, and does not introduce or amend any existing rights or policies: 
https://www.legislation.gov.uk/nisr/2024/153/contents/made

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6. Workplace culture

Nurse regulator condemned over toxic culture

An independent review warns of a dangerously toxic culture within the Nursing and Midwifery Council, (NMC), which oversees and regulates hundreds of thousands of nurses and midwives. It had commissioned a report to independently look at its culture, after a whistleblower alleged it was failing to tackle serious sexual, physical and racial abuse, reports the BBC: 
https://www.bbc.co.uk/news/articles/c7287gxn7m3o

Post Office Horizon inquiry told of ‘incomplete curiosity’ and ‘toxic culture’

The former chair of a Whitehall agency responsible for taxpayers’ interest in the Post Office has blamed the Horizon IT scandal on a mixture of “incomplete curiosity” and “a toxic culture” at the state-owned company. Robert Swannell told the Horizon inquiry what went wrong at the Post Office was partly down to a “closed, defensive culture” combined with incuriosity. More from the Guardian: 
https://www.theguardian.com/uk-news/article/2024/jul/09/post-office-horizon-inquiry-told-of-incomplete-curiosity-and-toxic-culture

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7. Four day week

Four-day week campaign to launch UK pilot looking at flexible working

Campaigners for a four-day working week are preparing a new pilot project on flexible working in the hope that the Labour government will be more receptive to changes in how people work. The latest trial will look at other flexible working policies, including a shorter working week, flexible start and finish times, a nine-day fortnight or compressed hours, when people work the same number of hours but over fewer days. More from the Guardian: 
https://www.theguardian.com/business/article/2024/jul/10/four-day-week-campaign-to-launch-pilot-looking-at-flexible-working

Council’s four-day week trial drives performance improvements

South Cambridgeshire District Council began a controversial trial of a four-day working week between January and March 2023. Staff were expected to carry out 100% of their work in 80% of the time for 100% of their salary. A study of the trial concluded staff turnover fell by 39%, saving £372,000 on agency staff costs over a year. More from Personnel Today: 
https://www.personneltoday.com/hr/four-day-week-performance-south-cambs-district-council/

However…

Asda scraps plans for four-day week after staff left exhausted

The supermarket had introduced flexible working arrangements in a bid to stamp out a revolt among disgruntled store managers, but a four-day week pilot has now been scrapped after staff said they were unhappy with the changes. Those involved in the pilot, which took place in 20 Asda stores, worked a 44-hour week over four days instead of five for the same pay. The condensed hours led to complaints from staff that the longer shifts were “physically demanding” and left them exhausted on their day off. More from the Telegraph: 
https://www.telegraph.co.uk/business/2024/07/06/asda-shelves-four-day-week-trials-after-staff-complaints/

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8. Just in Case You Missed It...

Employment Law at 11 - HR’s role in Addressing Domestic Abuse

Seamus McGranaghan from O’Reilly Stewart and Lindsay Harris from ONUS joined Julie Holmes from Legal Island to discuss the essential role HR plays in fostering a supportive workplace culture. If you missed it, you can catch up here:
https://www.legal-island.com/articles/uk/resources/webinar-recordings/2024/july/employment-law-at-11---hrs-role-in-addressing-domestic-abuse---5th-july-2024/

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9. HR Developments

Dealing with difficult workplace conversations

Rena Magdani provides guidance for employers on navigating awkward topics such as performance, grievances and absence in this article from People Management: 
https://www.peoplemanagement.co.uk/article/1879750/dealing-difficult-workplace-conversations

Overwhelmed by notifications? Here's how to tackle digital overload

The relentless chime of emails and notifications is costing you more than you think. The average worker checks their email every 37 minutes, disrupting their workflow and taking significant time to refocus but HRD Connect looks at strategies to avoid digital overload: 
https://www.hrdconnect.com/2024/07/08/overwhelmed-by-notifications-heres-how-to-tackle-digital-overload/

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10. Employment News in the Media

An employment tribunal has made protective awards in favour of former staff of SSB Group, after they were made redundant without consultation. Employment Judge Lancaster in Leeds said each of the nine claimants were entitled to an award for a period of 90 days beginning on 29 November 2023, when the first redundancy took place. Nearly 200 staff were made redundant after SSB formally went into administration in January, owing six litigation funders £200m. More from Legal Futures: 
https://www.legalfutures.co.uk/latest-news/tribunal-makes-protective-awards-in-favour-of-ssb-staff

A senior executive at a FTSE 250 engineering firm has been awarded £3.2 million after winning his direct age discrimination claim. The London Central employment tribunal heard how Glenn Cowie had received a 45-minute lecture describing how he was an “old fossil” and he “didn’t know how to deal with millennials”. More from Personnel Today:
https://www.personneltoday.com/hr/executive-called-old-fossil-awarded-3-2m-in-ageism-case/

A chartered accountant has been excluded from the Institute of Chartered Accountants in England and Wales and fined £7,000 after she downloaded client information before leaving her former employer. Julia Manley did not only breach professional standards by taking the information in the first place but by transferring the information to an unsecured device, she put the information at risk and created GDPR issues for her former employer.  Accounting Web has more on this story:
https://www.accountingweb.co.uk/practice/general-practice/accountant-banned-after-taking-former-firms-client-data

The Football Association of Ireland (FAI) has apologised to women players who allege they were sexually harassed and coerced. The allegations, made against two coaches, were revealed in a joint investigation by the Sunday Independent and RTÉ. The BBC has more on this: 
https://www.bbc.co.uk/news/articles/cv2g9x8nmy4o

The Irish Air Line Pilots' Association (IALPA) is to suspend industrial action at Aer Lingus. The executive of IALPA met Wednesday and is recommending members accept a Labour Court proposal to increase pilots' pay by 17.75%. There have been hundreds of flights cancelled so far because of strike action last month and a work-to-rule which began two weeks ago, as part of a long-running dispute over pay involving members of the association. More from the BBC:
https://www.bbc.co.uk/news/articles/clmyzl7g224o

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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.

‘A bigger reset’: what Labour’s landslide victory means for HR

As the new government promises the ‘biggest upgrade to workers’ rights in a generation’, People Management explores the changes this might entail – and which ones will end up in the profession’s in-tray: 
https://www.peoplemanagement.co.uk/article/1879928/a-bigger-reset-labours-landslide-victory-means-hr

EHRC seeks views on new guidance on preventing sexual harassment

Britain’s equality watchdog has launched a consultation on planned updates to guidance around preventing sexual harassment at work. The Equality and Human Rights Commission’s updated technical guidance, which is expected to take effect ahead of the introduction of the Worker Protection Act on 26 October 2024, includes information on the new duty on employers to take reasonable steps to protect their workers from harassment, including sexual harassment. More from Personnel Today:
https://www.personneltoday.com/hr/ehrc-consultation-sexual-harassment-guidance/

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12. Health and Safety Developments

Court fines business £120k for Health and Safety at Work Act breach

Devenish Nutrition failed to ensure that the exposure of its employees to dust hazardous to health was either prevented or, where this was not reasonably practicable, adequately controlled. The business, which had an address on court documents as Duncrue Street in Belfast, Northern Ireland, was ordered to pay a total of £126,497.97. More from Runcorn and Widnes World:
https://www.runcornandwidnesworld.co.uk/news/24431318.court-fines-business-120k-health-safety-work-act-breach/

Director of construction company fined following serious injuries to worker

Peter O’Hare pleaded guilty to a single health and safety offence and was fined a total of £12,500. A male employee sustained serious crush injuries as a result of being struck by a reversing lorry driven by Peter O’Hare. The employee was working alongside Peter O’Hare to retrieve a forklift truck that had become stuck in uneven ground at the company’s premises:
https://www.hseni.gov.uk/news/director-construction-company-fined-following-serious-injuries-worker

Managing the risks of workplace transport

Vehicle-related deaths and injuries are preventable if employers take the right steps to assess the risks and implement the right control measures, says Dr Karen McDonnell, Head of Global Relations at the Royal Society for the Prevention of Accidents (RoSPA). In this article for Safety and Health Practitioner, she highlights that to manage these risks effectively, there are three key areas employers need to consider when carrying out a risk assessment:
https://www.shponline.co.uk/transport-safety/managing-the-risks-of-workplace-transport/

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13. Free Webinars This Month

Employment Law at 11 - With O'Reilly Stewart Solicitors

The Shape of DEI (Diversity, Equality and Inclusion) in Northern Ireland After the Elections
2nd August 2024, 11am

Register for free here

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?

Conor Curran, Head of Diversity, Inclusion and Staff Wellbeing at Queen’s University. In his spare time, Conor is a freelance DEI Consultant. https://curcoconsult.com/

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 long weekend.

Legal-Island