We've got another confession to make.............we've been reading other HR articles outside our relationship with you. We will do everything we can to rebuild your trust and earn your forgiveness. There goes our hero, he's ordinary............
This week's top 5:
- Annual Review Session of the Week: NI Case Review 2024
- Draft Programme for Government 2024-2027: Doing what matters most
- ‘Emotional’ pregnant Mitie manager wins £350k in compensation boost
- ‘Potentially disastrous': Lawyers react to Tesco fire and rehire verdict
- Supporting disabled workers with hybrid working: Guidance for employers from EHRC
And in other news............... Would you like to get a recognised, accredited qualification in Northern Ireland employment law from the comfort of your own home/office, wherever you are based? Join the Legal Island and Ulster University 'Post Graduate Certificate in NI Employment Law and Practice 2024/25'. Find out more HERE
- Annual Review Session of the Week
- Case Law Reviews
- AI and Employment Law
- NI Employment legislation update
- NI Labour Market Statistics
- DEI
- Supreme Court blocks Tesco's fire and rehire of warehouse workers
- Long-term sickness needs addressed to get the economy growing
- 1 in 5 HR leaders in hiring freeze
- Just in Case You Missed It...
- HR Developments
- Employment News in the Media
- GB Developments
- Free Webinars This Month
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1. Annual Review Session of the Week
The NI Case Review 2024 and Key Next Steps
Jason Elliott BL outlines the key developments in Northern Ireland cases for 2024. Jason will guide you through the intricate landscape of recent case law, providing insights from real-life examples to help you learn, avoid common pitfalls, and protect your organisation. Find out more:
https://bit.ly/ktniarel24
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2. Case Law Reviews
Devlin v Hughes Precast Products Limited [2024] NIIT 12106/22
Summary Description: Dismissal found to be fair where it was found that the claimant deliberately caused damage to the respondent’s property.
Claimant: Aidan Devlin
Respondent: Hughes Precast Products Limited
Keywords: Unfair Dismissal
Practical Guidance for Employers: This case provides another interesting factual background in which there has been a fair dismissal. Most pertinently for HR practitioners and those conducting investigations, the Tribunal issues some sage guidance. The Tribunal does not expect the investigations to be carried out as if it were CSI (or any other trained investigatory body) and will be cognisant of the context in which the investigation is taking place. It should give some solace to HR teams who may find difficulties in the investigation process that the Tribunal will be mindful of those.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/september/devlin-v-hughes-precast-products-limited-2024/
Thomas v Surrey & Borders Partnership NHS Foundation Trust & Another [2024] EAT 141
Summary Description: English nationalism which was expressed in a way which sought the forcible deportation of Muslims was not worthy of protection under the Equality Act or the European Convention on Human Rights.
Claimant: S Thomas
Respondent: Surrey and Borders Partnership NHS Foundation Trust & A Brett
Keywords: Religion or Belief Discrimination
Practical Guidance for Employers: An interesting case considering recent disorder over the Summer in both Northern Ireland and in the wider United Kingdom. The EAT outlines how the claimant’s approach to nationalism was not worthy of protection considering the drastic effect it would have on others and how it would not only undermine others’ rights but destroy them.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/september/thomas-v-surrey--borders-partnership-nhs-foundation-trust--another-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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3. AI and Employment Law
HMRC expands guidance to allow for use of automated decisions to help ‘determine benefits, credits, penalties and charges’
HM Revenue and Customs has updated its formal privacy guidance and added allowances for the use of automated decision-making tools to help “determine benefits, credits… penalties and charges” issued by the department. The document – which sets out the rules and processes governing how the department gathers the personal information of citizens and how this data is then used – was updated last week. This included significant amendments to the policy’s existing section on “automated decision-making”, which outlines the instances in which HMRC is permitted to deploy an “electronic system [which] uses personal information to make a decision without human intervention”. More here from Public Technology:
https://www.publictechnology.net/2024/09/06/society-and-welfare/excl-hmrc-expands-guidance-to-allow-for-use-of-automated-decisions-to-help-determine-benefits-credits-penalties-and-charges/
Using ChatGPT to Process Your Monthly Expense Claim - Why Wouldn'y You?
This week, Barry Phillips looks at a simple use case for ChatGPT that will save everyone time and represents a great place to start for anyone in HR struggling to secure employee sign up to using AI. Listen here:
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4. NI Employment legislation update
Draft Programme for Government 2024-2027: Doing what matters most
For a globally competitive and sustainable economy, the NI Executive has focused on key areas including:
- Productivity
- Good jobs
- Decarbonisation
- Regional balance
- Affordable childcare
A public consultation on the plan runs from 9th September until 4th November 2024 and you can find out more about sharing your views here:
https://www.northernireland.gov.uk/PfG-consultation
Gaps in Equality Legislation - Equality Commission Response
The Equality Commission has responded to the Executive Office Committee’s inquiry into gaps in equality legislation and you can read it here:
https://www.equalityni.org/ECNI/media/ECNI/Consultation%20Responses/2024/TEOinquiry-GapsEqLegislation-ECNIresponse-Sept24.pdf
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5. NI Labour Market Statistics
Northern Ireland Statistics & Research Agency has published their latest statistics:
Payrolled employees decreased over the month and median earnings increased
The number of employees receiving pay through HMRC PAYE in NI in August 2024 was 805,600, a decrease of 0.1% over the month and a 1.8% increase over the year.
Earnings data from HMRC PAYE indicated that NI employees had a median monthly pay of £2,328 in August 2024, an increase of £78 (3.5%) over the month
More available here:
https://www.economy-ni.gov.uk/news/labour-market-statistics-69
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6. DEI
‘Emotional’ pregnant Mitie manager wins £350k in compensation boost
A former Mitie employee criticised for being ‘very emotional and tearful’ during pregnancy has won a compensation boost totalling £350,000. Nicola Hinds, who represented herself at an employment tribunal, was awarded a payout of nearly five times the suggested amount after the judge heard she was belittled and dismissed by her bosses at the facilities management business. Read more:
https://www.personneltoday.com/hr/emotional-pregnant-mitie-manager-wins-350k-in-compensation-boost/
60,000 Asda staff start sex pay discrimination claim
Supermarket giant Asda faces a major equal pay claim as 60,000 workers take their case to an employment tribunal. The workers are taking the largest ever private sector equal pay claim against the supermarket. The case, which is expected to last three months, centres on the retail workforce being paid up to £3.74 less per hour than the warehouse workforce. More from the Lancashire Telegraph:
https://www.lancashiretelegraph.co.uk/news/24570325.60-000-asda-staff-start-sex-pay-discrimination-claim/
Supporting disabled workers with hybrid working: Guidance for employers from EHRC
The Employment and Human Rights Commission has published new guidance for employers. It is aimed at managers and leaders who are supporting disabled workers with participating fully in hybrid working. It provides practical tips, conversation prompts, questions and case study examples. It covers both recruitment and employment:
https://www.equalityhumanrights.com/guidance/supporting-disabled-workers-hybrid-working-guidance-employers
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7. Supreme Court blocks Tesco's fire and rehire of warehouse workers
The Supreme Court has blocked supermarket giant Tesco from being able to fire and rehire a group of distribution centre employees by restoring an injunction over a contract dispute.
Five justices today unanimously allowed the appeal in Tesco stores limited v Union of Shop Distributive and Allied Workers and others bought by the Union of Shop, Distributive and Allied Workers (USDAW) and others. The case centred on the supermarket’s plan to terminate employees’ contracts for the specific purpose of depriving them of ‘retained pay’, a contractual entitlement which was agreed to be permanent for the duration of their contract. Read more:
https://www.lawgazette.co.uk/news/supreme-court-blocks-tescos-fire-and-rehire-of-warehouse-workers
‘Potentially disastrous’: Lawyers react to Tesco fire and rehire verdict
Employment law experts have their say on the UK Supreme Court’s ruling that Tesco cannot fire and rehire distribution workers who receive ‘retained pay’. Read more:
https://www.personneltoday.com/hr/potentially-disastrous-lawyers-react-to-tesco-fire-and-rehire-verdict/#:~:text='Potentially%20disastrous',-Katie%20Maguire%2C%20Devonshires&text=%E2%80%9CFor%20the%20Supreme%20Court%20to,the%20contract%20was%20entered%20into.
And to read the decision in full yourself:
https://www.supremecourt.uk/cases/uksc-2022-0133.html
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8. Long-term sickness needs addressed to get the economy growing
For the first time in decades, the health of the workforce is a major barrier to economic growth. Since the pandemic, an extra 900,000 people have fallen out of the workforce due to long-term sickness. The deterioration in health since the pandemic makes the UK an outlier among rich economies. It is the only G7 economy where the participation rate has not recovered to its pre-pandemic average reports City A.M.:
https://www.cityam.com/labour-must-address-long-term-sickness-to-get-the-economy-growing/
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9. 1 in 5 HR leaders in hiring freeze
LHH, part of the Adecco Group, has unveiled the findings of its 2024 Outplacement and Career Mobility Trends Report. The report reveals that amid the cooling employment market in the UK, 51 per cent of UK HR leaders had either undertaken or are considering layoffs in 2024 reports the Global Recruiter: https://www.theglobalrecruiter.com/1-in-5-hr-leaders-in-hiring-freeze/
You can download the report here: https://info.lhh.com/gbl/en/2024-career-transition-mobility-trends-report
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10. Just in Case You Missed It...
What is the law in relation to the recruitment of individuals with a criminal record?
Chris Fullerton of Athur Cox has the answer:
https://www.legal-island.com/articles/uk/features/q-and-a/2024/september/what-is-the-law-in-relation-to-the-recruitment-of-individuals-with-a-criminal-record/
Racism in Northern Ireland. Can schools help?
Former Principal & Regional Officer of ASCL Frank Cassidy offers his expert opinion:
https://www.legal-island.com/articles/uk/features/education1/2024/september/racism-in-northern-ireland.-can-schools-help/
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11. HR Developments
Productivity problems persist for HR with hybrid workplace ‘fauxductivity’
Half of managers still believe their staff are engaging in “fauxductivity” — or faking activity and pretending to work while on the clock, according to a new survey from Workhuman including responses from over 3,000 full-time employees in the U.S., U.K. and Ireland. While 70% of workers say they aren’t pretending to work, interestingly 40% of managers said they themselves are engaging in faking productivity. Worklife has more on this:
https://www.worklife.news/culture/productivity-problems-persist-for-hr-with-hybrid-workplace-fauxductivity/
HR’s increasing role in office moves
HR decision-makers are prioritising employee productivity, amenities, wellbeing and ESG in office moves as 35% of respondents to a survey run by Savills on Personnel Today indicated their intention to increase office footprint in the next 12 months. The research, which represents the views of over 150,000 employees, found that more than 90% of HR professionals believe that real estate plays an important role in attracting and retaining talent:
https://www.personneltoday.com/hr/exclusive-hr-increasing-role-in-office-moves-savills/
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12. Employment News in the Media
A former housemistress said she was bitterly disappointed after losing an employment tribunal against a top boarding school. Aldona Done, a maths teacher who was also responsible for 80 girl boarders at Ellesmere College, Shropshire, accused bosses of "gaslighting" her after she raised concerns about pupil safety and working practices. Mrs Done made a series of allegations against college management including harassment and discrimination related to her anxiety disorder reports the BBC:
https://www.bbc.co.uk/news/articles/cjw3xxyeqn3o
Steven Thomas lost his appeal after claiming he was discriminated against, and dismissed, over his ‘English nationalist’ beliefs. Employment judge Sheldon said that although Thomas’ English nationalist beliefs could have been covered by the Equality Act 2010, his accompanying anti-Islamic views were not. More from HR Magazine:
https://www.hrmagazine.co.uk/content/news/english-nationalist-nhs-consultant-loses-appeal-over-anti-islamic-views
A senior City lawyer who fist-bumped a Black colleague has been cleared of racial discrimination by an employment tribunal. The tribunal heard how Ian Rosenblatt, senior partner of London-listed legal services group RBG Holdings, greeted new partner Noel Deans with the gesture on his first day in the office. Employment judge Emma Burns ruled that the greeting was a “misjudgment” and “insensitive,” but it did not reach the level required to be considered unlawful race-related harassment. Legal Cheek has more on this:
https://www.legalcheek.com/2024/09/senior-city-lawyer-cleared-of-racism-after-fist-bumping-black-colleague/
A civil servant scared of catching viruses has won the first stage of an employment tribunal case over his bosses' refusal to let him work from home. John-Paul Pryce, who worked as a case officer dealing with debt and bankruptcy, was allowed to work from home during the pandemic. In 2022, he was asked to return to the office, and his flexible working request emphasising the benefits of home-working because of his embarrassment in admitting to his phobia was rejected. But now he has won the first stage of an employment tribunal fight, with a judge in Glasgow ruling his symptoms should be classed as a disability under equality laws. More from the Daily Mail:
https://www.dailymail.co.uk/news/article-13823169/Civil-servant-germ-phobia-successfully-sues-bosses-right-work-home.html
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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.
Right to disconnect and new sexual harassment rules in GB
Raconteur’s resident employment law expert, Jo Mackie, outlines the latest changes coming in to protect GB workers:
https://www.raconteur.net/talent-culture/employment-law-bulletin-right-to-disconnect
Top tips on new GB law on gratuities
On 1 October, new UK-wide legislation on tipping will come into force, significantly altering the landscape for restaurants and other hospitality outlets. These changes mandate that tips must be passed onto all workers fairly without any deductions being made, with businesses required to have a written policy and keep records detailing how tips have been dealt with. The new legislation introduces several challenges for restaurants and other hospitality outlets in the UK and, if not adhered to, could have substantial financial consequences for businesses. You can find out more here from the Scotsman:
https://www.scotsman.com/news/opinion/columnists/top-tips-on-new-law-on-gratuities-4770124
**NB: While this article states throughout that this legislation is UK-wide, please note that it is not. It is GB wide and is not applicable in NI.
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14. Free Webinars This Month
Comparative Law Webinar with Lewis Silkin LLP
Thurs 19th Sept, 11am - 11.45am
With a new Labour government in GB, the ‘Good Jobs’ consultation in NI and recent changes in ROI we’re all playing catch up on the divergence of laws between the neighbouring jurisdictions.
Join Emma Grossmith, Managing Associate, Lewis Silkin (NI) LLP and Catherine Hayes, Managing Associate, Lewis Silkin LLP ROI as they discuss recent, and upcoming, changes to:
- Zero-hours contracts
- Family rights
- Domestic abuse
This webinar will coincide with the launch of a Special Edition of the Legal Island Comparative Law table produced in association with Lewis Silkin LLP.
Register for free:
https://attendee.gotowebinar.com/register/2564054959976973149?source=Round+Up
NOTE: – send questions in live during the webinars or drop a line in advance to webinars@legal-island.com. Anonymity assured.
Employment Law at 11 - Neurodiversity and the Law – What you need to know
Friday 4th October, 11am - 11:45am
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.
Join Employment Law at 11 regulars Christine Quinn of Legal Island and Seamus McGranaghan of O’Reilly Stewart as they unpack the legal obligations and best practices for supporting neurodivergent employees.
Seamus will explore:
- 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?
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 webinars@legal-island.com. Anonymity assured.
Please note that the employment law matters discussed in this webinar apply primarily to Northern Ireland.
REGISTER FOR FREE: https://attendee.gotowebinar.com/register/3355739615859526229?source=WR
Check out previous discussions: https://www.legal-island.com/resources/any-questions-webinars/
Enjoy the weekend.
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