Roses are red, violets are blue, staying compliant is tricky—but we’ve got you!💘 This Valentine’s, let us shower you with something even more reliable than chocolates: your weekly roundup of HR and employment law news!
This Week's Top 5 Tea-Break Reads for Busy People:
- 🔍 Farmor’s v Higgs: A Game-Changer for HR? What this ruling means for your policies and practices.
- 📉 Vacancies Plunge in January Just as the NI hike looms, job openings take a hit. What’s next?
- 🧑⚖️ US AI Judgment: Thomson Reuters v. ROSS Intelligence – a landmark case shaking up AI and copyright law!
- 🤔 Turning Conflict into Collaboration How to build a culture of constructive disagreement at work.
- 📢 NI’s Growing Skills Gap With 5,400 workers needed annually, how can HR bridge the talent shortage?
And in other news....is it goodbye DEI? Big names like McDonald’s and Meta are among those rebranding or even dismantling their diversity programmes in response to increasing political pressures. But the question remains: can businesses afford to roll back these efforts without risking their future performance? Read more in our DEI section HERE.
CONTENTS
1. Case Law Reviews ⚓︎
HSBC Bank Plc v Chevalier-Firescu [2024] EWCA Civ 1550
Summary Description:
Appeal allowed when a claim was struck out for not complying with time limits. This was because the Tribunal did not show how the essential elements of the claim were known in 2018 as opposed to 2020 by the claimant.
Claimant: Chevalier-Firescu
Respondent/Appellant: HSBC Bank Plc
Keywords: Time Limits
Practical Guidance for Employers:
The issue of when time begins, especially in the likes of a discrimination claim, can be difficult. The difficulty can arise in terms of the information held by the claimant and when they become aware of such information. This clearly arose between the decision not to appoint the claimant in 2018 and the later information coming to light in 2020. It has to be shown that the essential elements of the information allowing the claim were available and this was not clearly discussed by the Tribunal at first instance therefore allowing the appeal and the rehearing.
Read the Review in full:
Sivanandan v Independent Office for Police Conduct & Others [2025] EAT 7
Summary Description:
Unless Orders can be made in relation to costs application as it falls within ‘any part of it’ aspect of the Rules of Procedure.
Claimant: Sivanandan
Respondent: Independent Office for Police Conduct; Penna Plc
Keywords: Tribunal Procedure; Unless Order
Practical Guidance for Employers:
The procedural aspects relating to the Tribunal can be of the utmost importance when it comes to the substantive decisions, the admissibility of evidence and other features such as costs. The latter was discussed here with it being held that unless orders could be granted for such applications as there was a catch-all within the rules of procedure which went beyond just claims and responses.
Read the Review in full:
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 ⚓︎
US AI Judgment: Thomson Reuters v. ROSS Intelligence
In a closely watched US decision, a Third Circuit judge, sided largely with Thomson Reuters in its copyright dispute against ROSS Intelligence. The ruling granted partial summary judgment on direct copyright infringement claims while dismissing ROSS’s argument that its use of Thomson Reuters’ content qualified as fair use. With Ross Intelligence now bankrupt and the technology at issue a decidedly niche application, attention is shifting to the broader implications for AI training and the use of copyrighted materials—particularly in the realm of generative AI.
The full judgement is available here:
gov.uscourts.ded.72109.770.0.pdf
Read analysis from Matthew Sag here:
Thomson Reuters v. ROSS Intelligence (Summary Judgement) – Matthew Sag
Key Dates for HR in Ireland under the EU AI Act
The 2nd February 2025 was the first milestone date for implementation of some of the provisions of the EU AI Act and there are more to follow. The table in the link below sets out the most important dates for HR and recommended actions. This table was drafted by Barry Philips, Chairman, Legal Island with the assistance of AI search engine Perplexity on 10 February 2025:
https://legal-island.com/employment-law-hub/key-dates-for-hr-in-ireland-under-the-eu-ai-act
Note this table currently only applies to Republic of Ireland. The exact application of the EU AI Act in Northern Ireland remains unclear at the date of publication of this article. Many employers in the UK are however expected try to meet the new standards set down by the EU AI Act particularly those operating both in the UK and in the EU. This will also ensure they are better prepared for any legislation the government may decide to introduce. Keep an eye on our NI Employment Law Hub for further updates.
AI Literate? My Staff?! Yes, because Brussels Said So!
This week Barry Phillips take a look at the new AI Literacy obligation imposed on organisations by the EU AI Act and ask what does it mean?
https://legal-island.com/employment-law-hub/ai-literate-my-staff-yes-because-brussels-said-so
3. Higgs’ victory has ‘profound’ implications for employers ⚓︎
School worker fired for LGBTQ+ Facebook posts wins free speech case
A Christian school worker who was dismissed after sharing Facebook posts about the teaching of LGBTQ+ relationships in schools has won a six-year legal battle before England’s Court of Appeal. In their decision, Lord Justice Underhill, Lord Justice Bean, and Lady Justice Falk in the Court of Appeal held that Higgs’ dismissal was “unlawful discrimination on the ground of religion and belief”. The judges said Higgs’ dismissal was “unquestionably a disproportionate response”, and that “even if the language of the re-posts passes the threshold of objectionability, it is not grossly offensive.” More from International Employment Lawyer:
Higgs’ victory has ‘profound’ implications for employers
The Court of Appeal's decision in Higgs v Farmor's School is a pivotal ruling with significant implications for HR and employers. Robert Lewis from Mishcon de Reya explains that disciplinary actions may be discriminatory unless justified and proportionate. This ruling affects how employers handle employees expressing personal opinions on issues like sexual orientation, gender identity, or political matters. More from Personnel Today:
https://www.personneltoday.com/hr/higgs-farmors-school-implications-for-hr-and-employers/
4. Economic Outlook ⚓︎
Downturn in NI business activity in January ‘steepest in two years’
Last month, business activity in Northern Ireland declined due to the construction and retail sectors. Despite this, the Ulster Bank Regional Growth Tracker reported that manufacturing and services drove economic growth and job creation. Employment growth, though slight, continued in January, marking three consecutive years of increased staffing. However, the headline business activity index remained below the 'no change' mark at 45, down from 47.7 in December—the steepest decline in two years. The Belfast Telegraph has more here:
M&S boss backs call to phase in employers’ NIC increase
Marks and Spencer CEO Stuart Machin supports Lord Simon Wolfson's amendment to phase in the increase to employers' national insurance contributions (NICs) over two years, to help employers manage its impact. The increase, announced by Chancellor Rachel Reeves, will raise employers' NICs from 13.2% to 15% in April 2025 and reduce the secondary threshold from £9,100 to £5,000 per year. Personnel Today has more on this:
Vacancies ‘tumble’ in January ahead of Labour’s tax raid
Slack continues to build in the labour market, a closely watched survey suggests, with vacancies “tumbling” ahead of April’s national insurance hike. Demand for staff fell at its greatest extent since August 2020, a new report from KPMG and the Recruitment and Employment Confederation (REC) said. This sharp fall was particularly pronounced for permanent staff, with the rate of contraction accelerating for the fifth consecutive month. City AM has more here:
https://www.cityam.com/labour-market-vacancies-tumble-in-january-ahead-of-labours-tax-raid/
Too many are at risk of sleepwalking into an unhappy retirement due to insufficient funds
Following a review, the new Pensions Minister, Torsten Bell has confirmed auto-enrolment (AE) thresholds will be maintained at the current levels* for 2025/26. *This means a minimum contribution of 3% from employees, and 5% from employers to bring total pension contributions to 8%. What can employers do to support employee plans? HR Director has the answers here:
5. Skills and Development ⚓︎
Skills forecast reinforces need to double down on Economic Vision to hit one million jobs mark
Economy Minister Dr. Caoimhe Archibald said that reinforcing the Economic Vision will help achieve around one million jobs across Northern Ireland, as she launched the Northern Ireland Skills Barometer 2023-2033. The Skills Barometer, developed by the Ulster University Economic Policy Centre, assesses future skills needs and gaps in the local economy for the next decade. It indicates a potential overall skills undersupply across all qualification levels, with an annual shortage of 5,400 individuals needed to fill vacancies under a high growth scenario. Therefore, investing in skills remains a key economic policy. You can read the full story here:
10,000 more apprentices as Government slashes red tape to boost growth
The government will enable up to 10,000 more apprentices to qualify per year by cutting red tape, allowing more flexibility over maths and English requirements. Key industries like construction will benefit from reduced bureaucracy, and new leadership for Skills England has been appointed. Businesses can now decide if adult learners over 19 need to complete a level 2 English and maths qualification to pass their apprenticeship. This will help more learners qualify in high-demand sectors such as healthcare, social care, and construction, driving growth and meeting government targets in areas like housebuilding. The full press release is here:
6. DEI ⚓︎
Catholic applications to join PSNI 'below what's needed'
Chief Constable Jon Boutcher has said the number of Catholics who have applied to join the Police Service of Northern Ireland (PSNI) is below what it needs to be. A new recruitment campaign has so far attracted a total of 3,500 applications. Twenty-seven percent are from a Catholic background. Mr Boutcher told BBC News NI: "The figures are not what I want. There is no doubt about that. But Rome wasn't built in a day”:
https://www.bbc.co.uk/news/articles/c334keexd87o
Deloitte asks consultants to US government to remove gender pronouns from emails
Deloitte US has asked employees working on government contracts to remove gender pronouns from their email signatures and ditched its wider diversity, equality and inclusion (DEI) programmes, in the latest sign of companies shifting their policies after the election of Donald Trump. Consultants at the Big Four firm who work for the US government were asked last week to remove pronouns indicating their gender from emails sent externally, according to people familiar with the details. More from the Irish Times:
Don’t ditch DEI, the evidence shows it’s business critical
Big names like McDonald’s and Meta are among those rebranding or even dismantling their diversity programmes in response to increasing political and societal pressures. But the question remains: can businesses afford to roll back these efforts without risking their future performance? The evidence suggests that the answer is an unequivocal no. Liz Stanley and Grace Barnett-Cox look at why the evidence in favour of maintaining gender diversity programmes still stands up in this article for Personnel Today:
https://www.personneltoday.com/hr/dont-ditch-dei-business-critical/
However…
TikTok Trend Watch: Email like a man
Meta CEO Mark Zuckerberg recently made waves when he said workplaces need to bring back more “masculine” energy. While it’s not entirely clear what he means by that, some workers have taken to TikTok to show their interpretations of acting more masculine at work. One micro trend involves women editing their emails to sound more like their male colleagues — eliminating any softening terms like “sorry”, “just” and of course, exclamation points. WorkLife has more:
https://www.worklife.news/talent/tiktok-trend-watch-email-like-a-man/
7. Just in Case You Missed It... ⚓︎
In this month’s Q&A, Chris Fullerton from Arthur Cox LLP provides clarity:
Can an employer count a public holiday as part of the statutory minimum holiday entitlement when the public holiday does not fall on a normal working day?
Can an employee take time off for mental health reasons, and what should an employer consider more generally?
Can a Payment in Lieu of Notice (PILON) be paid at below National Minimum Wage (NMW)?
Interview with Debbie Morrow, Interim Head of HR and Organisational Design
From transforming workplace culture to steering organisational change, Debbie spills the beans on her tried-and-tested strategies. Prepare to be inspired and maybe even share a chuckle along the way:
https://legal-island.com/employment-law-hub/interview-with-debbie-morrow-interim-head-of-hr-and-organisational-design
Why Apprenticeships are a Smart Hiring Option Post–Budget
Uncover how these programmes can be a game-changer for your organisation, providing a cost-effective way to develop future talent while reaping the benefits of fresh perspectives and innovative ideas. Ready to rethink your hiring strategy?
8. HR Developments ⚓︎
Creating a culture of constructive disagreement in the workplace
We have no doubt all experienced some form of conflict in the workplace – whether you were directly involved or a bystander to the uncomfortable atmosphere it brings. When approached constructively, disagreements can fuel innovation, improve decision making, and enhance team cohesion. HR Director has more here:
The four quadrants of behavioural standards – why ‘multipliers’ are the staff you need to attract and retain to create a high-performance company culture
Traditional approaches to defining company culture often fall short. Instead of focusing on vague values, organisations should identify and cultivate “Multiplier” behaviours. Multipliers excel in their roles and empower those around them. It’s critical to recognise that by focussing on the ability to do the job you were hired to do, as well as the behaviours (how you go about doing it), you should be seeking to achieve the multiplier effect. HRD Connect has more:
9. Employment News in the Media ⚓︎
Teachers' action short of strike "causes harm and shouldn't be supported", Stormont's education minister has said. Paul Givan was speaking as teachers resumed the industrial action on Monday after a majority rejected a 5.5% pay offer for 2024-25. The minister told the Northern Ireland Assembly he was "disappointed" the offer was not accepted, the BBC reports:
https://www.bbc.co.uk/news/articles/crr049qvvvxo
A transgender doctor continued to use female changing rooms after an incident with a female nurse who objected and said “I decided to put my big girl pants on and be brave”, an employment tribunal has heard. Nurse Sandie Peggie took the Fife Health Board and Dr Beth Upton to tribunal after being suspended following an incident on Christmas Eve 2023 in the female changing rooms. Ms Peggie, known as the claimant, lodged a complaint of sexual harassment or harassment related to a protected regarding three incidents when they shared a changing room: indirect harassment, victimisation, and whistleblowing. That came after she was suspended in January 2024 following Dr Upton making an allegation of bullying and harassment. The Herald has more here:
An employment tribunal heard that Amazon fired a GMB member after he claimed the company sold facial recognition software aiding Russia in the Ukraine war. Charles Forrest, a former senior account manager at Amazon Web Services, is suing for unfair dismissal and disability discrimination. He alleges he was fired for whistleblowing on the sale of Rekognition software to VisionLabs, owned by Russian company MTS. Amazon denies this, stating he was dismissed for gross misconduct in 2023. More from the Morning Star:
A former sub-postmaster from Belfast who was wrongly convicted of fraud as a result of the Post Office IT scandal is to receive £600,000 in compensation. The payout is the maximum available under the redress scheme set up to compensate people caught up in the UK-wide accounting scandal. More from BBC News:
https://www.bbc.co.uk/news/articles/ce3nrp0vx27o
An international law firm has blocked general access to several artificial intelligence (AI) tools after it found a "significant increase in usage" by its staff. In an email seen by the BBC, a senior director of Hill Dickinson, which employs more than a thousand people in the UK, warned staff of the use of AI tools. The firm said much of the usage was not in line with its AI policy, and going forward the firm would only allow staff to access the tools via a request process. More from the BBC:
10. 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.
The Neonatal Care Leave and Miscellaneous Amendments Regulations 2025
The Neonatal Care (Leave and Pay) Act 2023 comes into effect on 6 April this year, granting eligible employees the right to up to 12 weeks' leave if their child needs 7 or more consecutive days of neonatal care starting within the first 28 days after birth. The government has now published regulations to support this new right. The Neonatal Care Leave and Miscellaneous Amendments Regulations 2025 outline the eligibility criteria, notification requirements, and entitlements. Separately, The Statutory Neonatal Care Pay (General) Regulations 2025 specify the payment provisions during periods of neonatal leave. Both sets of regulations are currently in draft form, pending Parliamentary approval:
https://www.legislation.gov.uk/ukdsi/2025/9780348268034
Three in five tribunal claims settled before final hearing
More than three in five (62%) of employment tribunal claims were settled before their final hearing, according to new figures. Research by law firm Birketts, which looked at a two-year period from July 2022 to July 2024, also showed that 24% of HR teams reported claims had been settled the day before a hearing was due to start. However, despite the high proportion of claims being settled before they were fully heard, employers had invested an average of 4.8 weeks over the two years purely on handling such claims. You can read more from Personnel Today:
https://www.personneltoday.com/hr/three-in-five-tribunal-claims-settled-before-final-hearing/
11. Friends of Legal Island ⚓︎
MII TED Talk Club on 20th February at 16.00 GMT with Michael Lang
The Mediators’ Institute is back with their first TED Talk Club of the year on 20th February with special guests on their expert panel – new MII President Andrea O’Neill and, all the way from the US, Michael Lang.
The Reflective Practitioner himself, Michael Lang, is perhaps the most famous mediator in the world. If not, he’s probably in the top 1.
You can find out more here:
https://mediatorsinstituteofireland.clr.events/event/137293:mii-ted-talks-club-meeting
Enjoy the weekend!
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