Turns out, two of Alexa’s most-asked questions in 2024 were: 🏃♂️ "How tall is Tom Cruise?" AND 🌭 "How long do you cook a sausage?" Clearly, we’re all tackling life’s biggest mysteries! (It’s 5’7” and about 15 mins, if you’re wondering). Stay tuned for this week’s Round-up—you never know what burning questions we’ll answer next! 😉🔥
Short on time? No worries! We've rounded up the top five must-reads just for you:
- 🎄 Seasonal tips and hints – Get the scoop on staying ahead this festive season with clever and timely advice.
- 📺 What the Gregg Wallace controversy can teach us. Surprising lessons from a headline-grabbing moment - trust us, there's more to it than you think!
- ⚖ Birmingham City Council Moves to Resolve 6,000 Equal Pay Claims
- 👷♂️ Good Jobs in Northern Ireland 2024 report published
- 💰 Living Wage accreditation: Why paying fairly isn't just the right thing—it’s the smart thing!
Dive in and get inspired! 🚀
And in other news...............the Dept. of Communities has launched a Consultation on The Gender Pay Gap Information Regulations here in NI - it's an important one, so make sure your views are heard!
- Case Law Reviews
- AI and Employment Law
- Seasonal tips and hints
- Good Jobs in Northern Ireland 2024
- Birmingham City Council to settle 6,000 equal pay claims
- Office of National Statistics: Which skills are employers seeking in your area?
- Cultural Change Needed to Tackle Sexual Harassment in the Workplace
- Just in Case You Missed It...
- HR Developments
- Employment News in the Media
- GB Developments
- Health and Safety Developments
- Free Webinars This Month
===============================================
1. Case Law Reviews
The Advocate General for Scotland v Brown & The College of Policing [2024] EAT 189
Summary Description: A fitness test was found to be indirectly discriminatory for a female claimant yet the appeal was successful as the less discriminatory alternative was not outlined by the Tribunal.
Appellant: Advocate General for Scotland
Respondents: Koren Brown; College of Policing Ltd
Keywords: Sex Discrimination
Practical Guidance for Employers:
The finding in this case is interesting as despite finding that the provision was a proportionate means of achieving legitimate aims of the organisation it still found that there had been indirect discrimination. It was through distilling it down to the individual claimant and the need to provide an alternative to that provision that the case was successful. Issues were found with that finding as seen with the EAT judgment here but may still stand when it is remitted if that less discriminatory alternative can be outlined by the Tribunal.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/december/the-advocate-general-for-scotland-v-brown--the-college-of-policing-2024/
Davda v Institute and Faculty of Actuaries [2024] EWCA Civ 1460
Summary Description: Court of Appeal finds no discrimination where the respondent was found to have no control over another organisation which allowed for more attempts to sit an entrance exam into the profession.
Claimant: Davda
Respondent: Institute and Faculty of Actuaries
Keywords: Race Discrimination
Practical Guidance for Employers:
The Court of Appeal looked at this from what the respondent could control as to whether there was race discrimination. The Tribunal, however, had looked at the impact it had had on the individual claimant. The fact that the respondent in this case could not control the other organisation which did not permit the claimant to take the exam clearly demonstrated how they would not be liable for the discrimination as they were providing the opportunity to take the exam twice per year for all regardless of nationality.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/december/davda-v-institute-and-faculty-of-actuaries-2024-ewca-civ-1460/
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/
===============================================
2. AI and Employment Law
“Unveiling 2024's Best Gen AI Toys for HR this Christmas"
In this week's podcast Barry Phillips review the year’s best GenAI tools for HR other than the main frontier models.
===============================================
3. Seasonal tips and hints
Staff Christmas event results in sexual harassment case
Fernanda Hermosilla has settled her case against a colleague for £21,000 and against her employer the Northern Ireland Human Rights Commission for £15,000. Ms Hermosilla was supported by the Equality Commission for Northern Ireland. Ms Hermosilla attended a staff Christmas dinner in December 2022. During the evening, she experienced unwanted and inappropriate physical contact by a colleague. Read more direct from the Equality Commission here:
https://www.equalityni.org/Footer-Links/News/Individuals/Staff-Christmas-event-results-in-sexual-harassment
Handling Festive Risks: Preventing Sexual Harassment at Work Events: How do I handle it?
"We are having our Christmas party soon. They have traditionally involved a lot of alcohol and we have received sexual harassment complaints afterwards. We know there is a new duty to prevent sexual harassment in the workplace, and we want to comply without spoiling the event for the majority of responsible staff. How do I handle it?” More from Emma Doherty at Tughans:
https://www.legal-island.com/articles/uk/features/how-do-i-handle-it/2024/december/handling-festive-risks-preventing-sexual-harassment-at-work-events/
Chill and avoid end-of-year burnout this festive period
As 2024 draws to a close, Marie Unger discusses how employees can prioritise their health and prevent end-of-year fatigue. Read more:
https://www.siliconrepublic.com/careers/chill-avoid-end-of-year-burnout-festive-period-employee-culture-health
Quarter of employees plan to skip Christmas parties – is 2024 the end of the tradition?
Since the introduction of the Worker Protection Act in England, Scotland and Wales this past October, experts say festive parties are a ‘minefield’ for employers to navigate, while research shows staff favour alcohol-free events reports People Management:
https://www.peoplemanagement.co.uk/article/1898955/quarter-employees-plan-skip-christmas-parties-%e2%80%93-2024-end-tradition?
LRA Guidance: Potential issues at Christmas time
As Christmas is fast approaching, by thinking about potential issues now, employers can make it a happy Christmas for everyone and minimise the risk of complaints or industrial tribunal claims. The LRA provides FAQs to common festive dilemmas from managing leave to dealing with post-party absences:
https://www.lra.org.uk/potential-issues-christmas-time
HR expert explains what you can do if you don't want to take part in Secret Santa at work
Secret Santa is a staple in many offices, but is it mandatory for all employees to partake? Ladbible looks at this issue:
https://www.ladbible.com/community/tiktok-hr-workplace-secret-santa-advice-734911-20241209
ManpowerGroup announces ‘Chrimbo Limbo’
UK employers are holding the line on their hiring plans for the New Year, according to data from the ManpowerGroup Employment Outlook Survey. The report suggests overall hiring intentions for Q1 (January – March) 2025 have become stagnant. The Net Employment Outlook, a measure of business hiring confidence, stands at +28 per cent – unchanged since last quarter and has decreased by one percentage point on the year. The Outlook is calculated by surveying 2,000+ UK businesses about their recruitment plans for the next business quarter. Global Recruiter has more here:
https://www.theglobalrecruiter.com/manpowergroup-announces-chrimbo-limbo/
===============================================
4. Good Jobs in Northern Ireland 2024
Good Jobs in Northern Ireland 2024 was published on Wednesday by the Northern Ireland Statistics & Research Agency (NISRA). This analysis provides the proportion of good jobs in Northern Ireland from 2017 to 2024 with the focus on the following key cohorts; sex, age, work pattern, local government district, industry sector, occupation, and priority sector. Have a look here:
https://www.economy-ni.gov.uk/news/good-jobs-northern-ireland-2024
===============================================
5. Birmingham City Council to settle 6,000 equal pay claims
The story that kick-started the modern push for Equal Pay continues to run – but it looks like settlement is on the cards………..
Birmingham City Council has agreed to settle 6,000 equal pay claims brought by both past and present staff four years after they were launched. The local authority is expected make the payments to the predominantly female low-paid workers in mid-2025. Catch up here:
https://www.personneltoday.com/hr/birmingham-city-council-to-settle-6000-equal-pay-claims/
===============================================
6. Office of National Statistics: Which skills are employers seeking in your area?
Curious about what jobs and skills are hot in Northern Ireland? The ONS has released a handy tool that lets you dive into job adverts and skill gaps in your area up to August 2024. Just pop in your local authority, and you'll see which jobs are in demand and whether the local talent pool has the skills to match (spoiler: sometimes yes, sometimes no). It’s a great way to spot trends, focus on training, or just feel smug about being ahead of the competition. Check it out here:
https://www.ons.gov.uk/employmentandlabourmarket/peopleinwork/employmentandemployeetypes/articles/whichskillsareemployersseekinginyourarea/2024-11-05
===============================================
7. Cultural Change Needed to Tackle Sexual Harassment in the Workplace
The Chief Executive of the Labour Relations Agency for Northern Ireland (LRA) has called on business and organisational leaders to prioritise ‘culture’ if they’re to tackle the escalating problem of sexual harassment in the workplace. The culture-first approach follows recent allegations against a number of high-profile presenters and celebrities, such as Mohamed Al-Fayed, with organisations being accused of cover-up and ‘blind-eye’ management. Read in full:
https://www.lra.org.uk/Latest-News/cultural-change-needed-tackle-sexual-harassment-workplace
===============================================
8. Just in Case You Missed It...
👀 LAST ONE OF 2024! Employment Law at 11 - With O'Reilly Stewart Solicitors 🖥
If you missed it, don't worry, you can catch up with Christine Quinn from Legal Island and Seamus McGranaghan Director, O’Reilly Stewart and their discussion on “an unstoppable force meets an immoveable object – philosophical beliefs in the workplace”:
https://www.legal-island.com/articles/uk/resources/webinar-recordings/2024/dec/employment-law-at-11-philosophical-beliefs-in-the-workplace---qa2/
Futureproof your business with Living Wage accreditation: Good for Business, Good for Workers, Good for Society
More than 120 employers across Northern Ireland are now committed to paying the real Living Wage. With well over half having signed up in the past two years this demonstrates a growing dedication to fair pay in the region and a growing recognition among local employers that it is good for business. More from NI Regional Living Wage Manager, Mary McManus:
https://www.legal-island.com/articles/uk/features/supplementary/2024/december/futureproof-your-business-with-living-wage-accreditation-good-for-business-good-for-workers-good-for-society/
Is an employer required to show employees the physical documents that are held in their employment file?
Chris Fullerton of Athur Cox shares his insights:
https://www.legal-island.com/articles/uk/features/q-and-a/2024/december/is-an-employer-required-to-show-employees-the-physical-documents-that-are-held-in-their-employment-file/
===============================================
9. HR Developments
What the Gregg Wallace controversy can teach us
The recent allegations against the MasterChef presenter Gregg Wallace are dismayingly reminiscent of similar charges brought against strings of other celebrities, politicians and leaders over recent years. It’s almost as if there’s something about having influence or being in power that brings it out in people. Personnel Today examines the lessons we can learn:
https://www.personneltoday.com/hr/gregg-wallace-lessons-psychological-distance/
Don’t just manage change—develop leaders who enable it
Despite the pressing need to adapt, employees often resist change, leading to stalled initiatives, productivity losses, and sometimes a return to the old way of doing things. Most employees find frequent changes disruptive and feel overwhelmed due to inadequate support and lack of clear communication. HR Dive looks at the role of leaders and how organisations can support them:
https://www.hrdive.com/spons/dont-just-manage-changedevelop-leaders-who-enable-it/734211/
===============================================
10. Employment News in the Media
The Pensions Ombudsman has issued the second of two major determinations on pension scams. In his latest ruling, the Ombudsman has again made substantial awards against individuals. More than 100 people took transfers from their existing pension arrangements into the Schemes. In many cases, people were promised that they would receive an initial payment on completion of their transfer, even if they were below minimum pension age. More from Lexology:
https://www.lexology.com/library/detail.aspx?g=dd5bcd57-ad2b-41ae-883a-2c53a1bf8f06&utm
A pub worker in Glasgow sacked after just a “handful of shifts” because of his involvement with a trade union has been awarded over £14,000 in compensation. In their evidence to an Employment Tribunal, 1839 Ltd, owners of the Strathduie Pub, claimed that Nick Troy had been dismissed because of his performance. However, in her ruling, Judge Shona Maclean said she was “unconvinced” by their argument and “concluded that the principal reason for the claimant’s dismissal was that he proposed to take part in the activities of an independent trade union at the appropriate time.” More from The Herald:
https://www.heraldscotland.com/news/24779977.glasgow-pub-worker-wins-14-000-dismissal/
===============================================
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.
GB Tribunal uplifts for ‘fire and rehire’ code breaches to take effect
GB Employers that fail to comply with the statutory code of practice on dismissal and re-engagement – or ‘fire and rehire’ – could be forced to pay higher levels of compensation from next month. The new code gives tribunals the ability to uplift compensation by 25% if an employer unreasonably fails to follow it. When the code came into force in July this year, it failed to include protective awards among the uplifts that could be applied for non-compliance. More from Personnel Today:
https://www.personneltoday.com/hr/fire-and-rehire-uplift-collective-consultation/
GB Tribunal Procedures Update
Big news for HR folks in GB —some fresh updates to the Employment Tribunal rules for 2024 are here to make life easier (and faster). Legal officers can now tackle more admin tasks, like dismissing claims after withdrawal, freeing up judges for the big stuff. Group claims? Way simpler—just one form if issues are similar. Plus, those pesky errors on claim forms (hello, Early Conciliation numbers) won’t automatically ruin your day anymore. It’s all about cutting red tape and speeding things up—so worth a heads-up for your policies if you're GB-based:
- The Tribunal Procedure (Amendment No. 2) Rules 2024
https://www.legislation.gov.uk/uksi/2024/1283/contents/made - SI 2024/1156 - The Employment Tribunals (Procedure Rules) (Consequential Amendments) Regulations 2024
https://www.legislation.gov.uk/uksi/2024/1156/contents/made - The Employment Tribunal Procedure Rules 2024
https://www.legislation.gov.uk/uksi/2024/1155/contents/made
===============================================
12. Health and Safety Developments
Belfast Harbour Commissioners fined following the death of worker
Following an investigation by the Health and Safety Executive for Northern Ireland (HSENI), the Belfast Harbour Commissioners were fined £50,000 for breaches of health and safety laws. The incident underscores the importance of stringent safety measures in high-risk environments. HSENI emphasised the need for comprehensive risk assessments and robust safety practices to prevent such avoidable tragedies:
https://www.hseni.gov.uk/news/belfast-harbour-commissioners-fined-following-death-worker
Company and director fined following death during diving activity
Following an investigation by the Health and Safety Executive for Northern Ireland (HSENI), a Ballymoney based company, and its only director have both been sentenced at Antrim Crown Court after pleading guilty to health and safety offences. More:
https://www.hseni.gov.uk/news/company-and-director-fined-following-death-during-diving-activity
===============================================
13. Free Webinars This Month
Kickstart 2025 with Confidence: HR Trends and Recruitment Strategies with MCS Group
22 January, 12 noon to 12:45
Calling all HR professionals! Looking for fresh insights to lead your recruitment strategy in 2025? Join us for a FREE 45-minute lunch-and-learn webinar on 22 January 2025, hosted by Legal Island in partnership with MCS Group.
Recruitment experts Ryan and Rebekah from MCS Group, will be bringing together the top trends, tools, and takeaways to help you stand out in the competitive world of talent acquisition:
- Learn from 2024’s lessons: See how last year’s key developments are shaping the hiring strategies of tomorrow.
- Simplify and save: Discover smart ways to cut costs, streamline processes, and harness automation.
- Win the war for talent: Get expert tips to engage candidates and secure standout hires in a competitive market.
- Plan for what’s next: Stay ahead with insights into emerging job roles, salary shifts, and sector-specific demands.
Plus, Julie from Legal Island will be on hand to pose your questions directly to Ryan and Rebekah, making sure you leave with the answers and actionable insights you need. This isn’t just another webinar—it’s your toolkit for 2025 success! Grab your lunch, reserve your spot, and get ready to learn with Ireland’s recruitment leaders to elevate your hiring strategy.
REGISTER HERE: https://attendee.gotowebinar.com/register/393202294472814432?source=WR+NI
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
