Don't let employment law frustrations eclipse your week; our updates are celestial!
This week's top 5:
- National insurance falls to 8%
- “AI will never replace people” says 84% of senior executives
- 18% of candidates believe their weight could be holding them back in job interviews
- Portadown: Inquiry into claims on-call firefighters took engine to pub
- Interview with Molly Keers - L&D Consultant at PwC
And in other news...............Unlocking Holiday Pay - we’re partnering with the employment law specialists at Carson McDowell to finally unlock holiday pay. Join us online, bring your questions and get answers from the experts LIVE! More HERE
- Case Law Reviews
- AI and Employment Law
- Diversity & Inclusion
- Unions renew calls for change to MP rules amid Donaldson charges
- Wellbeing support launched for solicitors and staff
- Portadown: Inquiry into claims on-call firefighters took engine to pub
- NHS Staffing Crisis
- Payments and Wages
- Post Office scandal: Bosses earned millions despite Horizon scandal
- Just in Case You Missed It...
- HR Developments
- Employment News in the Media
- GB Developments
- Friends of Legal Island
- Health & Safety
- Free Webinars This Month
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1. Case Law Reviews
Beckett & Others v Anglo Beef Processors Ltd t/a ABP UK [2024] NIIT 36321/21
Summary Description: A case relating to a deduction of pay for employees who left work citing health and safety risks during the Coronavirus pandemic.
Claimant: Craig Beckett and Others
Respondent: Anglo Beef Processors Ltd t/a ABP UK
Keywords: Unlawful Deduction from Wages; Detriment; Coronavirus
Practical Guidance for Employers:
An interesting case stemming from the pandemic and individuals not attending work on a particular day. The issue in the case relates to the quality of the evidence with clear deficiencies relating to how many people were standing outside and how long the claimants had stood outside. This lack of clarity was detrimental but the case does serve as a reminder of the steps required for a health and safety detriment to be shown in terms of the reasonable belief on the part of the claimant of a serious and imminent risk.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/april/beckett--others-v-anglo-beef-processors-ltd-ta-abp-uk-2024/
Mason v Wilko Limited [2023] Case No: 2603125/2021
Summary Description: No unfair dismissal where there had been issues raised in relation to the Sunday opt-out including a change of how it was calculated leading to a reduction in hours for the claimant.
Claimant: C Mason
Respondent: Wilko Limited
Keywords: Unfair Dismissal; Sunday Opt-Out
Practical Guidance for Employers:
An interesting case about the Sunday opt-out for retail workers. The actual effect of this could be terribly detrimental if a majority of the employees were to opt-out. This meant, in this situation, the employer had to take action and meant the hours would still be split across the seven days yet with the opt out the employee would only be paid for those hours undertaken. This led to a complex case here but one in which there was no breach of the contract allowing for unfair dismissal.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/april/mason-v-wilko-limited-2023/
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
AI - An Apocalypse? We Don't Think So
Catch up on the latest podcast below:
“AI will never replace people” says 84% of senior executives
Like it or not, AI is changing the working landscape, prompting business leaders to re-evaluate future plans when it comes to investing in people and technology. A nationwide study by Propel Tech with 800 professionals found 47% of all UK respondents firmly believe AI will transform everyone’s lives for the better in the future. More from HR Director:
https://www.thehrdirector.com/business-news/ai/ai-will-never-replace-people-says-84-senior-executives/
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3. Diversity & Inclusion
Want more female leaders? Ditch quotas and shake up your culture
With the resignations of senior female leaders and a widening gender pay gap, Goldman Sachs’ recent history shows that a quota-driven approach to the promotion of women cannot succeed, writes chief executive of AM Bank and leadership consultant Dr Nahla Khaddage Bou-Diab. More:
https://www.personneltoday.com/hr/want-more-female-leaders-ditch-quotas-and-shake-up-your-culture/
NI's unpaid carers 'being left behind' new carer's leave law
Unpaid carers in Northern Ireland are being left behind as a new employment law comes into force in the rest of the UK, campaigners say. The law gives those caring for sick or disabled relatives or friends a right to five days' annual, unpaid leave. It does not cover Northern Ireland as employment rules are devolved. More from the BBC:
https://www.bbc.co.uk/news/uk-northern-ireland-68732508
18% of candidates believe their weight could be holding them back in job interviews
In their latest Stop the Bias report, Tribepad found 9 in 10 people (89%) believe that they are likely to suffer prejudice when applying for a role. Age is the biggest concern, while mental health and weight have moved into the top five, whilst ethnicity and gender have become less of a concern. Despite the fact that mental health and mental illness are becoming a more prevalent part of discourse both in and out of work, the number of candidates concerned mental health could be used against them rose by a third, from 1 in 8 (13%) in 2022 to 1 in 5 (19%) in 2023. Wellbeing News has more on this story:
https://wellbeingnews.co.uk/recruitment/18-of-candidates-believe-their-weight-could-be-holding-them-back-in-job-interviews/
The full report is available here:
https://tribepad.com/whitepaper/stop-the-bias-report-2024/
Government launches new disability guide with CIPD
The Department for Work and Pensions has published new guidance to help employers better support disabled people. The new Disability Confident guide was produced in conjunction with the Chartered Institute of Personnel and Development (CIPD). The DWP said it forms part of its £2.5 billion Back to Work plan – a broader push to get more people back into the workplace. To find out more on the new guide, read here:
https://www.personneltoday.com/hr/disability-confident-guide-2024/
Tribunal nears end for man who lost job offer over views on homosexuality
Closing speeches have been made at an employment tribunal brought by a Christian social worker whose job offer was withdrawn after a health charity discovered his views on homosexuality. Felix Ngole claims Touchstone Leeds discriminated against him because of his religious beliefs when they refused him the job as a hospital discharge mental health support worker, based in Wakefield, West Yorkshire. Touchstone agreed he was the best-qualified candidate for the role but he was called back for a second interview, which he described as an “interrogation”, after management conducted a Google search and discovered the legal row about his views. The Belfast Telegraph has more on this:
https://www.belfasttelegraph.co.uk/news/uk/tribunal-nears-end-for-man-who-lost-job-offer-over-views-on-homosexuality/a897444102.html
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4. Unions renew calls for change to MP rules amid Donaldson charges
A union representing staff who work at Westminster have called for MPs charged with serious crimes to be banned from attending the House of Commons as they await trial. The call from the FDA and Prospect unions comes as Lagan Valley MP and former DUP leader Jeffrey Donaldson was charged with historical sex offences last week. General Secretary of the FDA Union Dave Penman says Parliament should not be able to be treated differently from other workplaces. Belfast Live has more on this:
https://www.belfastlive.co.uk/news/northern-ireland/unions-renew-calls-change-mp-28945118
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5. Wellbeing support launched for solicitors and staff
The importance of good mental health and wellbeing have been highlighted with the launch of a new initiative aimed at supporting members of the legal profession and their support staff in Northern Ireland. The new Wellbeing initiative has been launched by the Law Society of Northern Ireland and aims to provide its members with access to practical and accessible information from a range of leading organisations offering guidance and support on mental health issues. To find out more, read here:
https://www.lawsoc-ni.org/wellbeing-support-launched-for-solicitors-and-staff
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6. Portadown: Inquiry into claims on-call firefighters took engine to pub
An internal investigation at Portadown Fire Station has heard claims that some on-call firefighters allegedly took a fire engine to a pub. It's also claimed that alcohol was stored in a fridge at the station. Two people have been dismissed after the Northern Ireland Fire and Rescue Service (NIFRS) inquiry and the NIFRS said a "robust internal investigation into allegations of misconduct" has concluded. More from the BBC:
https://www.bbc.co.uk/news/uk-northern-ireland-68764265
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7. NHS Staffing Crisis
One in three health workers suffering ‘burnout’ amid NHS staffing crisis
Almost one in three NHS employees have had to take time off work suffering poor mental health in the past year, new research suggests. The Unison union said its survey of 12,000 health workers shows the impact of a staffing crisis, with many suffering “burnout”. You can read more from Yahoo news here:
https://uk.news.yahoo.com/one-three-health-workers-suffering-113628199.html
More flexible working in NHS would aid retention, says union
A union has urged the NHS to allow more health staff to work flexibly, after finding more than one in five women it polled were unable to secure the flexible working arrangements they had requested. Unison said that allowing health workers to work compressed hours or have more control over their shift patterns could help solve the recruitment and retention crisis. Its survey of more than 12,000 women working in the NHS found that although two-thirds (65%) who had made a formal flexible working request had their desired arrangement agreed in full, 22% were unable to obtain flexible working at all. Personnel Today has more:
https://www.personneltoday.com/hr/more-flexible-working-in-nhs-retention-unison/
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8. Payments and Wages
London restaurant chain faces criticism as it replaces card tips with ‘Brand Charge’ amid pending GB law changes
A London restaurant chain has stirred debate by banning customers from tipping via card and introducing a “brand” fee instead, only three months prior to the enforcement of GB legislation mandating the allocation of all tips to staff. Ping Pong announced the new optional 15% charge would contribute towards “franchise fees and other brand-related expenses,” supplanting a 12.5% service charge, 90% of which previously went to staff. More from Business Matters:
https://bmmagazine.co.uk/news/london-restaurant-chain-faces-criticism-as-it-replaces-card-tips-with-brand-charge-amid-pending-law-changes/
National insurance falls to 8%
As announced in the Spring Budget last month, employees’ national insurance contributions fell from 10% to 8% from Saturday 6 April 2024, making the average earner around £450 better off each year. The reduction follows a previous national insurance cut in January 2024 when the government reduced the employee rate from 12% to 10% on earnings between £12,571 and £50,270. Personnel Today has more here:
https://www.personneltoday.com/hr/national-insurance-falls-to-8/
Auto-enrolment could leave workers with just half of what they need for a 'comfortable' retirement
The auto-enrolment pension scheme could leave new contributors with just half of what they need to retire comfortably in 40 years' time, research claims. The average pension saving through the auto-enrolment scheme will provide just £22,800 per year after tax for people entering the workforce today, according to comparison website Finder. Other findings include:
- The average pension will provide just £22,800 per year under auto-enrolment
- Figures from the Pension and Lifetime Savings Association (PLSA) show that £43,100 is needed for a 'comfortable' lifestyle
- Women are set to retire with £100,000 less than men due to the gender pay gap
The Daily Mail has more on this story:
https://www.dailymail.co.uk/money/pensions/article-13276045/Auto-enrolment-leave-workers-just-half-need-comfortable-retirement.html
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9. Post Office scandal: Bosses earned millions despite Horizon scandal
How much did the people running the Post Office get paid while the flawed Horizon system was in place? By looking through the company accounts for the Post Office and Royal Mail, the BBC has come up with a figure - £19.4m over 24 years:
https://www.bbc.co.uk/news/business-68452842
Should the law change to make it easier for organisations to apologise?
The law could be updated to make it easier for organisations to offer sincere apologies to those who have been wronged following the launch of a government consultation on 8 April 2024. The Compensation Act, which became law in 2006, made it easier for public institutions, private companies and their employees to apologise, without admitting liability in civil proceedings. The consultation will run for 8 weeks and close on 3 June 2024:
https://www.gov.uk/government/news/should-the-law-change-to-make-it-easier-for-organisations-to-apologise
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10. Just in Case You Missed It...
Interview with Molly Keers - L&D Consultant at PwC
Our HR Interviews series continues here:
https://www.legal-island.com/employment-law-hub/resources/interview-series/
Let’s Start at the Very Beginning
A business is nothing without its people so an investment into the employment relationship is key to drive growth. Each stage of the employment life cycle, attraction and recruitment through to separation, can have positive or negative challenges and it is how one deals with them that drives success. Read more from Carol Ann Casey of CA Compliance here:
https://www.legal-island.com/articles/uk/features/hr/2024/april/lets-start-at-the-very-beginning/
Creating a Family-Friendly Workplace
In today's competitive job market, attracting and retaining top talent requires more than just offering competitive salaries and benefits. Increasingly, employees are seeking workplaces that prioritise work-life balance and support their family commitments. Employers who embrace family-friendly practices not only foster a positive workplace culture but also reap the benefits of higher employee satisfaction, productivity and retention rates. This article, by Shannon Lennon of Think People Consulting, explores practical strategies that employers can implement to create a family-friendly workplace.
https://www.legal-island.com/articles/uk/features/hr/2024/april/creating-a-family-friendly-workplace/
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11. HR Developments
April is stress awareness month
With 17.1 million working days lost to stress, depression and anxiety in 2022/23, WorkNest experts explain how to manage an employee who is off for work-related stress and urges employers to prioritise mental health in the workplace in this article from HR Director:
https://www.thehrdirector.com/business-news/employee-engagement/april-stress-awareness-month/
The right to disconnect around the world
The team at Ius Laboris has compiled an interactive map showing where the right to disconnect has been given express legal recognition. Click on a reporting jurisdiction to find out more:
https://iuslaboris.com/insights/laws-on-the-right-to-disconnect/
Flexible working: Guidance for people professionals on planning and managing
With growing demand for flexible working arrangements, it’s vital that people professionals can plan and manage flexible working in a way that meets demand and suits business needs. This guide from the CIPD gives advice on how to implement different types of flexible working and how to measure and evaluate those arrangements:
https://www.cipd.org/uk/knowledge/guides/flexible-working/
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12. Employment News in the Media
An embittered Chelsea groundsman who claimed he was 'molested' by his boss has won an employment tribunal for unfair dismissal but won't receive any compensation. Conor McKnight, who is a lifelong fan of the club, had accused his boss Jason Griffin of grabbing his crotch and threatening to kill him at a Christmas Party. The tribunal heard that McKnight, infuriated after Griffin kept his job despite submitting a grievance and appeal to the club's hierarchy, sent 1,500 anonymous emails to other teams accusing Chelsea of condoning bullying. However, he was immediately sacked after Chelsea bosses realised that the anonymous emails - titled 'Chelsea Football Club Scandal - Cover up Assault and Sexual Assault' - shared spelling mistakes that McKnight made in his workplace messages. You can read more from the Daily Mail:
https://www.dailymail.co.uk/news/article-13290505/Chelsea-groundsman-employment-tribunal-unfair-dismissal-emails-sexual-assault.html
A former cafe owner and media commentator looks set to leave taxpayers on the hook for almost £65,000 after she failed to pay monies owed to staff. An employment tribunal ruled against businesswoman Barbara Whearty and in favour of four former members of staff, who were represented by Unite the Union, last month. In one instance, a single employee was owed just shy of £20,000 in unpaid wages and holiday pay. The Belfast Telegraph has more here:
https://www.belfasttelegraph.co.uk/sunday-life/news/taxpayers-to-foot-the-bill-for-wages-ni-cafe-boss-failed-to-pay/a935104739.html
In the case of Ms. N H v Mitie Limited, Ms. NH, a long-term employee of Mitie, resigned due to an unmanageable workload upon returning from maternity leave. She reported being labelled as “hormonal” by a manager, which she attributed to exhaustion rather than pregnancy. The tribunal found her complaints mishandled, noting that her boss stereotyped her as an “emotional, hormonal pregnant woman,” dismissing her concerns. The HR Director outlines the case:
https://www.thehrdirector.com/legal-updates/legal-updates-2024/woman-wins-pregnancy-discrimination-claim-labelled-hormonal/
Vet group CVS says it has been hit by a cyber-attack which has caused "considerable" disruption, particularly to its UK business. CVS did not say what data had been accessed, but said it had informed authorities "due to the risk of malicious access to personal information". The company, which operates in the UK, Australia, the Netherlands and the Republic of Ireland and employs more than 9,000 people, said it had taken its IT systems offline temporarily when the attack had been discovered. The BBC has more on this:
https://www.bbc.co.uk/news/articles/cmjm2v5660xo
NatWest has been criticised for paying its new boss a salary of £1.2m despite his “limited experience” as a chief executive, amid a wider shareholder backlash in the City of London over bumper corporate pay. As the government prepares to sell shares in the bank before the general election, Institutional Shareholder Services (ISS) warned that Paul Thwaite would be paid the same salary as the bank’s former chief executive, Alison Rose, despite lacking her experience as a lead executive. More from the Guardian:
https://www.theguardian.com/business/2024/apr/08/natwest-criticised-paul-thwaite-limited-experience-alison-rose
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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.
Assault of shop workers to be made specific criminal offence
Assaulting a shop worker will be made a separate criminal offence in England and Wales as part of a government response to a wave of retail crime. Earlier this year a report found violent and abusive incidents against shop workers rose by 50% in 2022-23. The BBC has more on this story:
https://www.bbc.co.uk/news/uk-politics-68773704
Maternity, paternity and adoption rights
Mothers, fathers, partners and adoptive parents are entitled to a range of paternity, maternity or adoption leave and pay and shared parental leave rights, both before and after birth or adoption. This CIPD factsheet provides more information on the changes that took effect on 6 April 2024 in GB only:
https://www.cipd.org/uk/knowledge/factsheets/maternity-paternity-rights-factsheet/#UKlegal
ONS officials vote to strike over in-office rule
Civil servants at the Office for National Statistics have voted “overwhelmingly” to take industrial action in response to being told to be in the office for 40% of the week, the PCS union has announced. The ballot was prompted by a hybrid working directive by ONS to insist that staff spend at least two days a week in the office. The policy was announced in November 2023, the same month in which ministers ordered senior civil servants to increase in-office working, with staff expected to spend at least 60% of their time in the office subject to "estate capacity". More from Civil Service World:
https://www.civilserviceworld.com/professions/article/ons-officials-vote-to-strike-over-inoffice-rule
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14. Friends of Legal Island
New CEO of Included
Congratulations to Michelle Sequeira who has been confirmed as the new CEO of our friends at Included. Former CEO, Stephen Frost, is now Chairman. Best of luck in your new roles from all at Legal Island!
https://www.linkedin.com/in/sequeiramichelle/?originalSubdomain=uk
Certificate in Diversity and Inclusion In The Workplace - 8 Week Duration
Legal Island runs a Certification course alongside Included, designed to provide a thorough understanding of the main components of diversity, equity, equality, inclusion and belonging. For more information, and to sign up, follow this link:
https://www.legal-island.com/event/diversity-and-inclusion-cert/
The Equality Commission are Recruiting a New Chief Executive
Have you the potential to lead an organisation committed to creating a more equal Northern Ireland?
The Equality Commission are looking for a dynamic and impactful leader with a focus on outcomes and a proven record of working to build strong relationships with a diverse range of stakeholders. As Chief Executive, you will work with our Commissioners to create a better Northern Ireland.
Further information and an application form can be viewed at https://equalityni.getgotjobs.co.uk
The closing date for submitting completed applications is 12 noon on Monday 29th April 2024.
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15. Health & Safety
Dungannon company and driver fined following death of employee
Following a joint investigation by the Health and Safety Executive for Northern Ireland (HSENI) and the Police Service of Northern Ireland (PSNI), Dungannon based company, Contract Services Dgn Limited, and their driver John Fagan, were both sentenced after the death of a male employee in the company. More from HSENI:
https://www.hseni.gov.uk/news/dungannon-company-and-driver-fined-following-death-employee
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16. Free Webinars This Month
Employment Law at 11 - With O'Reilly Stewart Solicitors
THIS MORNING! (11:00am - 11:45am)
TODAY it's an NI Caselaw Special. Seamus and Christine will unpack the lessons to be learnt from 3 recent NI cases:
- Watson v Police Service of Northern Ireland [2024] - failure to disclose information during the recruitment process.
- Bond v Chief Constable of the PSNI [2023] - sex discrimination claim.
- Rainey v Mid & East Antrim Borough Council [2023] - unfair dismissal and protected disclosures.
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 your questions in advance to maria@legal-island.com. Anonymity assured.
Please note that the employment law matters discussed in this webinar apply primarily to Northern Ireland.
Register Now:
https://attendee.gotowebinar.com/register/4142470966176277849?source=WR
Check out previous discussions:
https://www.legal-island.com/resources/any-questions-webinars/
Enjoy the weekend.
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