In honour of World Mental Health Day, take a moment to pause, breathe, and move. Let’s prioritise our mental well-being—because your mind matters just as much as your work. Not convinced? Maybe this public service announcement from the ‘World’s Scariest Boss’, Brian Cox will persuade you………..
https://www.youtube.com/watch?v=3XFXcBdXqKE
This week's top 5:
- Annual Review Session of the Week: How are we still getting it so wrong with Equality?
- GB Employment Rights Bill
- Helping working parents avoid burnout: A guide for employers
- Why businesses must take heed of McDonald’s slavery case
- AI fuels surge in fake job ads
And in other news............... Have ideas? Share them with us by completing our quick survey here and help shape our Knowledge Hub. Your feedback could bag you a cool £50! Who knew great ideas paid off so literally? Survey closes TODAY and the winner will be drawn on Monday 14th October.
- Annual Review Session of the Week: How are we still getting it so wrong with Equality?
- Case Law Reviews
- AI and Employment Law
- Data Protection & Cyber
- Government unveils most significant reforms to employment rights for GB
- Why businesses must take heed of McDonald’s slavery case
- Flexible working
- Employment tribunal backlog getting worse, HMCTS data show
- Employers overlook millions due to hiring ageism
- Just in Case You Missed It...
- HR Developments
- Employment News in the Media
- GB Developments
- Friends of Legal Island
- Free Webinars This Month
===============================================
1. Annual Review Session of the Week
How are we still getting it so wrong with Equality?
The Equality Commission has been rapidly settling cases this year – from neurodiversity and physical disabilities to race discrimination in chip shops, phone retailers, and hospitality. It appears no sector is immune to missteps on equality issues. With equality legislation in place for so long – how are we still getting it so wrong after all this time? Join Mary Kitson of the NI Equality Commission at Legal Island’s Annual Review of Employment Law. Read more:
https://bit.ly/ktniarel24
===============================================
2. Case Law Reviews
Lucas v Eurocoach (NI) Limited [2024] NIIT 51579/21
Summary Description: Claims dismissed, many for being out of time, and for having insufficient evidence that they were related to the claimant’s disability.
Claimant: Alan Lucas
Respondent: Eurocoach (NI) Limited
Keywords: Disability Discrimination; Time Limits
Practical Guidance for Employers:
This case provides some difficulty in following the range of allegations and claims that were being brought by the claimant. As expertly done by the Tribunal, they have been listed claim by claim to allow for a proper appreciation of them without conflating various issues. HR professionals and employers should be cognisant of when issues arise and to likewise ensure that they are treated separately and professionally at each turn.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/october/lucas-v-eurocoach-ni-limited-2024/
Magee & Redmond v South Eastern Regional College [2024] NIIT 53200/21
Summary Description: Claims partially succeed for detriment relating to Trade Union activity due to issues raised about workload in a staff team meeting.
Claimants: Moira Magee & Jennifer Redmond
Respondent: South Eastern Regional College
Keywords: Trade Union Activities; Detriment
Practical Guidance for Employers:
This case provides some useful guidance on when individuals are acting in a Trade Union activity and when they are not. This is obviously very important in terms of whether there could be a situation in which an individual suffers a detriment because of their actions. In this case, the clear demarcation can be seen between the Whatsapp message in a group to other lecturers and the comments made in a wider Teams meeting with management staff. The former was clearly not a Trade Union activity whereas the latter was. The use of Teams meetings and their recording clearly provides the Tribunal with much greater amounts of evidence and this must be considered by employers and those preparing for hearing.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/october/magee--redmond-v-south-eastern-regional-college-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/
===============================================
3. AI and Employment Law
Disconnect between workers and business leaders on impact of AI across the last year
Wrike just released its 2024 Impactful Work Report, using a survey covering 1,000 business leaders and 2,500 information workers. According to the leaders, AI helps with 32% of their workload — in comparison, information workers say it helps with just 14%. More from Tech:
https://tech.co/news/report-workloads-expanding-white-collar-workers
AI fuels surge in fake job ads
A survey commissioned by the Institute of Job Aggregation (IJA) has revealed growing concerns among job seekers regarding the rise of artificial intelligence (AI) in the recruitment process. Nearly half (48 per cent) of respondents reported seeing an increase in fake job advertisements since AI tools have become more prevalent. In comparison, an overwhelming 90 per cent expressed a lack of trust in AI to manage recruitment processes fairly. More from the Global Recruiter:
https://www.theglobalrecruiter.com/ai-fuels-surge-in-fake-job-ads/
This week Open AI presented HR with yet another reason it should be using ChatGPT : the Canvas upgrade
More on this from Barry Philips in his latest episode.
===============================================
4. Data Protection & Cyber
ICO: New data protection audit framework launched to help organisations improve compliance
The ICO has launched a new audit framework designed to help organisations assess their own compliance with key requirements under data protection law. The framework empowers organisations to identify necessary steps to improve their data protection practices and create a culture of compliance. It provides them with a starting point to evaluate how they handle and protect personal information:
https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2024/10/new-data-protection-audit-framework-launched/
Operator of Sellafield nuclear waste site fined £332k over ‘significant shortfalls’ in cybersecurity
The public body responsible for operating the Sellafield nuclear waste-processing site has been fined hundreds of thousands of pounds over major “shortfalls” in its cybersecurity that persisted for four years. At a hearing at Westminster Magistrates Court in June, Sellafield Ltd pleaded guilty to three offences following a prosecution brought by watchdog the Office for Nuclear Regulation. The charges relate to the time period from 2019 to 2023 and the offences include a lack of adequate protection for sensitive nuclear information stored on Sellafield’s systems, and a failure to conduct the necessary annual health checks on both operational technology and IT platforms. Public Technology has more here:
https://www.publictechnology.net/2024/10/04/defence-and-security/operator-of-sellafield-nuclear-waste-site-fined-332k-over-significant-shortfalls-in-cybersecurity/
===============================================
5. Government unveils most significant reforms to employment rights for GB
Ministers have unveiled the Employment Rights Bill, introduced within 100 days of the new Labour government coming to office. Key proposals include:
- The existing two-year qualifying period for protections from unfair dismissal will be removed, delivering on the manifesto commitment to ensure that all workers have a right to these protections from day one on the job.
- The bill will end exploitative zero hours contracts. They, along with those on low hours contracts, will now have the right to a guaranteed hours contract if they work regular hours over a defined period, giving them security of earnings whilst allowing people to remain on zero hours contracts where they prefer
- Change the law to make flexible working the default for all, unless the employer can prove it’s unreasonable.
- Other key changes include stronger protections for pregnant women, new mothers, and establishing a Fair Work Agency that will bring together government enforcement bodies for enforcing holiday pay and strengthening statutory sick pay.
The full press release is here:
https://www.gov.uk/government/news/government-unveils-most-significant-reforms-to-employment-rights
Labour's employment reforms won't become law for two years as government seeks to reassure business
Major employment reforms promised by Labour will not become law for at least two years, as the government seeks compromise between unions and businesses on measures intended to strengthen workers rights without hindering economic growth. The Employment Rights Bill, introduced into parliament on Thursday, includes 28 measures, many of which will be subject to extended consultation, while more than 30 other pledges have no clear timetable for delivery.
More here from Sky News:
https://news.sky.com/story/labours-employment-reforms-wont-become-law-for-two-years-as-government-seeks-to-reassure-business-13231031
And here’s what people think of the Bill…………..
Employment Rights Bill is a “positive and ambitious plan” to make work pay
Commenting on publication on Thursday of the GB government’s Employment Rights Bill and wider plan to Make Work Pay, TUC General Secretary Paul Nowak said:
https://www.tuc.org.uk/news/employment-rights-bill-positive-and-ambitious-plan-make-work-pay
CBI CEO responds to Employment Rights Bill
https://www.cbi.org.uk/media-centre/articles/cbi-ceo-responds-to-employment-rights-bill/
And you can read all 158 pages of the Bill yourself, here:
https://publications.parliament.uk/pa/bills/cbill/59-01/0011/240011.pdf
===============================================
6. Why businesses must take heed of McDonald’s slavery case
News that a branch of McDonald’s and a UK supermarket bread supplier unwittingly employed victims of slavery should serve as a warning to anyone recruiting from overseas or who employs migrant workers. The fast-food chain, Asda, Co-op, M&S, Sainsbury’s, Tesco and Waitrose were all named in the BBC report of the case. Read more on it here:
https://www.personneltoday.com/hr/why-businesses-must-take-heed-of-mcdonalds-slavery-case/
===============================================
7. Flexible working
Helping working parents avoid burnout: A guide for employers
A 2023 study by Deloitte and the Meltzer Center at NYU Law found that many workers, including parents, hide parts of their identity to avoid being judged at work. The study showed that while 60% of workers reported “covering,” a staggering 68% of caregivers — including parents — admitted to hiding or downplaying their caregiving responsibilities. HRD Connect outlines helpful tips here:
https://www.hrdconnect.com/2024/10/09/helping-working-parents-avoid-burnout-a-guide-for-employers/
It’s time to “stop the witch-hunt” against flexible working, says coalition of unions and equality campaigners
A joint statement signed by organisations and campaigners including the TUC, Age UK, the Fawcett Society, Anna Whitehouse (founder of Flex Appeal) and Pregnant Then Screwed – warns of a “witch-hunt” against workers being able to work more flexibly. The intervention comes as the government prepares to publish its Employment Rights Bill which is expected to enhance existing rights to flexible working. Read the full statement here:
https://www.tuc.org.uk/news/its-time-stop-witch-hunt-against-flexible-working-says-coalition-unions-and-equality
ONS workers back strike action over office-attendance dispute
Almost three quarters of the hundreds of officials at the Office for National Statistics that were balloted voted in support of strike action. Since April, the ONS has instructed staff to spend at least 40% of their hours in the office. In response, officials at the department who are members of the PCS union have been taking action short of strike since May in the form of non-compliance with the policy. Public Technology has more on this:
https://www.publictechnology.net/2024/10/07/education-and-skills/ons-workers-back-strike-action-over-office-attendance-dispute/
===============================================
8. Employment tribunal backlog getting worse, HMCTS data show
Figures released by His Majesty’s Courts and Tribunal Service for the first quarter between April and June, show that the open caseload of single claims was 18% higher than in the same period last year. The total number of single claims and lead cases in multiple claims was just under 44,000, also 18% higher than 2023 reports Legal Futures:
https://www.legalfutures.co.uk/associate-news/employment-tribunal-backlog-getting-worse-hmcts-data-show
===============================================
9. Employers overlook millions due to hiring ageism
Employers are failing to consider millions of people for new jobs due to ageism in the recruitment process, with 57 being the average age candidates are believed to be “too old” for the role. Totaljobs, which carried out the research, highlighted that this represents 4.2 million people and could mean £138bn is lost in economic output in England and Wales alone as a result. One in three (33%) of those over 50 fear they will struggle to find new roles because of age discrimination. Personnel Today has more on this story:
https://www.personneltoday.com/hr/employers-overlook-millions-due-to-hiring-ageism/
===============================================
10. Just in Case You Missed It...
Employment Law at 11: Neurodiversity and the Law – What you need to know
Is your organisation fully compliant with legal requirements around neurodiversity? Championing a neuro-inclusive workplace is an increasingly important part of a diverse workforce here in NI. With the NI Civil Service leading the charge with the release of their “Neurodiversity: NICS Line Manager’s Toolkit”, neurodiversity is never far from the HR headlines.
In this edition of Employment Law at 11 regulars Christine Quinn of Legal Island and Seamus McGranaghan of O’Reilly Stewart unpack the legal obligations and best practices for supporting neurodivergent employees.
Seamus explores:
- What are the legal rights of neurodivergent employees under NI employment law?
- How can employers meet their duty to provide reasonable adjustments?
- What are the legal risks of failing to accommodate neurodiversity in the workplace?
How do I handle it?
This month’s problem concerns:
“We have been made aware that an employee is vaping at their workstation while on video calls with clients. We are concerned about how this could make the business look, as well as the potential that other employees may start doing the same. How do I handle it?” Emma Doherty of Tughans has the answer:
https://www.legal-island.com/articles/uk/features/how-do-i-handle-it/2024/october/vaping-at-work-how-do-i-handle-it/
===============================================
11. HR Developments
What to consider when dismissing a volunteer
People Management outlines the potential pitfalls for organisations that need to dismiss someone working voluntarily – and how to avoid them:
https://www.peoplemanagement.co.uk/article/1891377/consider-when-dismissing-volunteer
Are businesses using ‘Purple Washing’ to hide poor disability inclusion practice?
Organisations with a diverse workforce perform better but how can you tell if a business is truly diverse or just ‘purple washing’? Find out more from HR Director here:
https://www.thehrdirector.com/business-news/diversity-and-equality-inclusion/businesses-using-purple-washing-hide-poor-disability-inclusion-practice/
UK’s mediocre work-life balance rating revealed
A new report has revealed that the UK appears to rank poorly for work-life balance compared with other countries, placing 34th out of 40 nations. The Work-Life Balance Report 2024, conducted by HR systems specialist Access People, found that Spain leads the way in work-life balance, while the UK falls behind in several key areas. The report examined various factors such as paid annual leave, bank holidays, maternity and paternity leave, and four-day working week policies. Read more on the findings here:
https://www.personneltoday.com/hr/uks-mediocre-work-life-balance-rating-revealed/
===============================================
12. Employment News in the Media
Two former RAC employees have been handed a suspended prison sentence and ordered to complete 150 hours of unpaid work, for unlawfully copying and selling over 29,500 lines of personal information. Debbie Okparavero and Maliha Islam worked as customer service specialists at the RAC’s call centre in Stretford. Their unlawful conduct was discovered by, and reported to the ICO, the RAC after it installed new security monitoring software. Okparavero and Islam were sentenced to 6 month prison sentences, suspended for 18 months, and each were ordered to complete 150 hours of unpaid work. More from the ICO:
https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2024/10/criminal-record-and-suspended-prison-sentence-handed-to-former-rac-employees/
Boeing says it has withdrawn its pay rise offer to striking workers after negotiations with union representatives reached a stalemate. The aviation giant accused the union of not giving its proposals serious consideration. The International Association of Machinists and Aerospace Workers union (IAM) said Boeing was "hell-bent on standing on the non-negotiated offer" which it says was rejected by its members. More from the BBC:
https://www.bbc.co.uk/news/articles/c5y064gz1e3o
A woman who worked at a high-end whisky investment company has won a case for sex discrimination after being subject to sexist comments. Nina Chung, who worked for Whisky 1901, has been awarded more than £50,000 in compensation after a series of events between August and November 2022, including her colleagues calling women “birds” and boasting about their sexual conquests. More from Personnel Today:
https://www.personneltoday.com/hr/whisky-worker-tribunal-birds-sexist-language/
===============================================
13. 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.
GB Employers face imminent new duty to prevent sexual harassment at work
From 26 October 2024, employers in England, Scotland and Wales will have a legal duty to prevent sexual harassment and will need to take active steps to comply with this duty as introduced by the Worker Protection (Amendment of Equality Act 2010) 2023. It requires all employers to take reasonable steps to prevent the sexual harassment of their employees in the course of their employment. You can read more here from HR Director:
https://www.thehrdirector.com/business-news/employment_law/employers-face-imminent-new-duty-prevent-sexual-harassment-work/
===============================================
14. Friends of Legal Island
Co Down man becomes new leader of Labour Relations Agency for Northern Ireland
Mark McAllister from Strangford has been appointed chief executive officer, following in the footsteps of Don Leeson who is retiring after four years. The vision and future direction of employment relations in Northern Ireland will be shaped under the leadership of Mark McAllister who has been appointed chief executive of the Labour Relations Agency for NI (LRA) reports the News Letter. Congratulations, Mark, from us all at Legal Island and best wishes in your new role!
https://www.newsletter.co.uk/business/co-down-man-becomes-new-leader-of-labour-relations-agency-for-northern-ireland-4815419
Huge congratulations to Mark from all at Legal Island! And enjoy your retirement Don!
Shared Island Mediation Forum
As part of Northern Ireland’s inaugural Mediation Week in October 2024, Ulster University is proud to host a special evening event on Thursday, 17 October, exploring how different jurisdictions across the British Isles approach mediation. This unique event will feature three keynote talks, starting with a senior Irish judge who will discuss the legislative path taken by the Republic of Ireland regarding mediation, followed by a panel discussion. Professor Bryan Clark of Newcastle University will then present on the mediation framework in England and Wales. The final talk will be delivered by a senior member of the Northern Ireland judiciary, addressing the current and future role of mediation in Northern Ireland. This session will conclude with a panel discussion. Attendees of this event will receive 2 CPD points. Find out more and book your free spot here:
https://www.eventbrite.co.uk/e/shared-island-mediation-forum-tickets-911963586637
===============================================
15. Free Webinars This Month
Employment Law at 11 - With O'Reilly Stewart Solicitors
Friday 6th December (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/1438063793669369181?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
