☘️ This Week’s Must-Read Top 5! 

For the busy and the brilliant—catch up on the hottest HR & employment law stories in minutes!

1. 🔥 WhatsApp ‘banter’ could cost you your job!
2. ⚖️ Northern Ireland Civil Service: Reform is overdue
3. 🚨 HR manager’s tweets spark international backlash
4. 💡 How employers can tackle long-term sickness absence
5. 🏢 Disabled workers hit hardest by return-to-office rules

In other news.......... ✨ NIJAC is inviting applications for the office of Vice-President of the Industrial Tribunals and Fair Employment Tribunal. Applications open TODAY and close on Monday 7th April at 12 Noon. Find out more on NIJAC’s website www.nijac.gov.uk ⚖️

**If you have any difficulties accessing the article or resetting your password (if you haven’t already done so in 2025) please email hub@legal-island.com and we’ll be in touch with you as soon as possible.**

1. Case Law Reviews
2. AI and Employment Law
3. Cybersecurity
4. Legislation
5. Social media
6. Ulster Bank PMI shows slide in employment as companies face challenging environment
7. Northern Ireland Civil Service also in need of reform, DUP says
8. DEI
9. What can employers do to help reduce long-term sickness absence?
10. Just in Case You Missed It...
11. HR Developments
12. Employment News in the Media
13. GB Developments
14. Free Webinars This Month

Royal Embassy of Saudi Arabia (Cultural Bureau) v Costantine [2025] UKSC 9 

Summary Description: Supreme Court provides some clarity on when state immunity can be used in relation to employment contracts and claims arising therefrom.

Claimant/Respondent on Appeal: Costantine

Respondent/Appellant on Appeal: Royal Embassy of Saudi Arabia (Cultural Bureau)

Keywords: State Immunity; Jurisdiction; Employment

Practical Guidance for Employers:

Cases relating to embassies may be unusual in the general range of employment cases, but the Supreme Court has provided guidance on the test of whether state immunity will arise in these types of claim. The nature of the role and the proximity to the governmental function will have to be considered but largely where the role is administrative or technical it was more likely to be a private law matter rather than one relating to sovereign interests.

Read the Review in full:
Royal Embassy of Saudi Arabia (Cultural Bureau) v Costantine [2025]

Iyieke v Bearing Point Ltd [2025] EAT 25 

Summary Description: Costs application dismissed by the EAT as it was not the case there was no reasonable prospect of success without the respondent’s witnesses being tested in a hearing.

Claimant: Victormills Iyieke

Respondent: Bearing Point Ltd

Keywords: Coronavirus; Race Discrimination; Costs

Practical Guidance for Employers: The fact that costs do not automatically follow the event as in other courts – they can be an important consideration in Tribunal proceedings. In this situation the EAT has held that costs should not have been awarded citing the fact that the witness statements alone would not have demonstrated there was no reasonable prospect of success – they took into account the fact that such evidence would have to be tested and that could only be done through the hearing.

Read the Review in full:
Iyieke v Bearing Point Ltd [2025]

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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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TUC publishes ‘AI Manifesto’

Artificial Intelligence (AI) is transforming the way we work and, alongside boosting productivity, offers an opportunity to improve working lives. But new technologies also pose risks: more inequality and discrimination, unsafe working conditions, and unhealthy  blurring of the boundaries between home and work. The TUC believes we are now at a crucial moment in the AI-driven technological workplace revolution. Read the full TUC document here:
https://www.tuc.org.uk/sites/default/files/2021-03/The_AI_Revolution_20121_Manifesto_AW.pdf

How to Deal with the AI Naysayers

Barry explores common objections to AI in the workplace, debunks myths, and shares practical strategies for addressing scepticism. Learn how to bring your team on board while balancing innovation and compliance. Listen now!

How to Deal with the AI Naysayers

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Pinsent Masons: Tech companies top target for cyber criminals

Businesses operating in the technology sector are being heavily targeted by cyber criminals, according to a new report from Pinsent Masons. The firm’s Belfast office this week hosted a launch event for the sixth annual cyber report, with representatives from the financial, energy, transport and housing sectors. Technology clients comprised 28 per cent of all cases that were investigated by the firm’s cyber team in 2024, followed by finance — the sector that was singled out most by criminals the previous year — which accounted for 12 per cent of the total, the same proportion as transport and healthcare. More from Irish Legal News:
https://www.irishlegal.com/articles/pinsent-masons-tech-companies-top-target-for-cyber-criminals

And you can join the Data Protection experts at Pinsent Masons at the upcoming Legal Island event, NI Data Protection Update on 21st May 2025. Find out more HERE

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The Pension Protection Fund and Occupational Pension Schemes (Levy Ceiling) Order (Northern Ireland) 2025

Article 158 of the 2005 Order provides that the Board of the Pension Protection Fund must impose pension protection levies for each financial year falling after the initial period (as defined by Article 157 of the 2005 Order). Article 160 of the 2005 Order provides for the amount to be raised by the pension protection levies, subject to an annual ceiling. More here:
https://www.legislation.gov.uk/nisr/2025/38/contents/made

The Teachers’ Pension Scheme (Amendment) Regulations (Northern Ireland) 2025 

Regulation 2 makes changes to members’ contribution rates in the table in regulation 185 of the 2014 Regulations. As members’ contribution rates are “protected elements” of the scheme under section 22 of the Public Service Pensions Act (Northern Ireland) 2014, the Department of Education has laid a report before the Assembly explaining why changes have been made in the protected period (28th April 2014 to 31st March 2040). More here: 
https://www.legislation.gov.uk/nisr/2025/42/contents/made

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WhatsApp 'banter' could get you the sack, tribunal rules 

Terry Donaldson and other colleagues at Southern Electric Power Distribution, part of the Scotland-based SSE group, were fired for their involvement in the group, the tribunal in Glasgow was told. He sued for unfair dismissal claiming the investigation into his behaviour had been unfair. However, his case was dismissed. Inappropriate and offensive content posted to such an ‘ostensibly private’ Whatsapp group has a direct impact on the ‘working environment’ and can be ‘screenshotted’ and disseminated by other members, a panel said. More from the Daily Mail: 
https://www.dailymail.co.uk/news/article-14488663/whatsapp-banter-sack-tribunal-rules.html

International firm condemns HR manager’s offensive tweets 

Dan Cooper had announced earlier this month that he would be standing as the Reform UK candidate for Boston Central in the upcoming Lincolnshire County Council election. Cooper’s X profile had described him as an international senior HR business partner and had stated that he worked for CMS, albeit that all views expressed were his own. His X profile, Facebook and Linkedin page, which reportedly listed him as a ‘wellbeing ambassador’, have all been deleted or removed. It is understood he no longer works for CMS. The Law Gazette has more on this: https://www.lawgazette.co.uk/news/international-firm-condemns-hr-managers-offensive-tweets/5122620.article 

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One of the most influential indicators of Northern Ireland’s economic health has shown businesses in the region are shedding staff while operating in a challenging environment. The widely-watched Ulster Bank Purchasing Managers Index (PMI) recorded in a drop in business activity last month and the first fall in unemployment for the first time in four years. You can read more from Belfast Live:
https://www.belfastlive.co.uk/business/ulster-bank-pmi-shows-slide-31172748

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The Northern Ireland Civil Service should take note of reforms being floated by UK ministers, a prominent DUP MLA has said, saying it is "slow and lacking the requisite skills". Diane Forsythe, vice-chair of Stormont’s Finance Committee, welcomed comments by Cabinet Office minister Pat McFadden over the weekend promising “radical” reform of the home civil service. The plans to “fundamentally reshape” the civil service – which will be formally announced on 13 March – will link senior officials’ pay to performance, introduce “mutually agreed exits” and make it easier to get rid of underperforming officials, and could see the overall civil headcount shrink, McFadden said. Civil Service World has more: https://www.civilserviceworld.com/professions/article/northern-ireland-civil-service-also-in-need-of-reform-dup-says

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Disabled workers hit hardest by return-to-office rules

Return-to-office mandates could disadvantage more than a million disabled workers, according to new research from Lancaster University and the Work Foundation. Eight in 10 disabled workers feel a positive impact of working from home when it comes to managing their health, reducing to 38% of those working remotely for less than half the time. Personnel Today has more on this story:
https://www.personneltoday.com/hr/disabled-workers-return-to-office-rto/

PSNI accused of discriminating against four Catholic officers 

Four Catholic PSNI officers are taking the force to court over alleged religious and political discrimination. Belfast firm KRW LAW said it has been instructed by four current or former officers, including one identified only as “Sean”. More: 
https://www.irishlegal.com/articles/psni-accused-of-discrimination-against-four-catholic-officers

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Long-term sickness is a significant issue for UK employers, with government figures showing that around 2.8 million people were economically inactive due to long-term health issues at the beginning of 2024, up from 2.0 million in 2019. The longer an employee is off sick, the smaller the probability of a return, with only half (56%) returning after a year’s absence. Employee Benefits looks at the value of early intervention:
https://employeebenefits.co.uk/healthcare-and-wellbeing/what-can-employers-do-to-help-reduce-long-term-sickness-absence/280476.article

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Mediation Secrets Every HR Professional and Solicitor Should Know

This series provides a thought-provoking analysis of the concept of mediation and its place and advantages in the businesses of today. In particular, we will examine how an HR Professional’s role should be augmented so that the outcomes for the business can be enhanced; how mediation may be used for the benefit of all the main players. We will also set out the advantages which mediation can bring over the traditional adversarial route of resolving disputes which Solicitors need to be aware of. In short, we will set out how mediation may be used for the benefit of all the main players.
https://legal-island.com/employment-law-hub/mediation-secrets-every-hr-professional-and-solicitor-should-know

Employment Law at 11 - 7th March 2025

Catch up with the latest Employment Law at 11. Last week Seamus and Christine discussed:

Big changes are on the horizon for employment legislation in Northern Ireland, and HR professionals need to be ready. Christine Quinn of Legal Island will chair the discussion, with legal expertise from Seamus McGranaghan of O’Reilly Stewart Solicitors, to help you prepare for what’s coming in 2025 and beyond.

What's covered:

•    'Good Jobs' Bill
•    Domestic Abuse (Safe Leave)
•    Draft Programme for Government

Understand how these developments could impact your organisation and what steps you can take to stay ahead. Listen now:
https://legal-island.com/employment-law-hub/employment-law-at-11-7th-march-2025

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Recognition rising – why regular appreciation is so important 

Leaders must prioritise recognition and as part of this, they must teach leaders and employees how to recognise each other in ways that are thoughtful and meaningful. Research revealed that when recognition happened frequently and in meaningful ways employees were eight times’ more likely to feel a strong sense of belonging, and five times’ more likely to want to stay with the company for two years or more. HR Director has more on this: 
https://www.thehrdirector.com/business-news/employee-experience/recognition-rising-regular-appreciation-important/ 

What Sets Inspirational Leaders Apart 

When people around the world are asked to reflect on both inspiring leaders and infuriating leaders, they point to three factors that distinguish the former from the latter and this article from Harvard Business Review outlines them: 
https://hbr.org/2025/03/what-sets-inspirational-leaders-apart?

Focusing more on employee health could stop 100,000 falling out of work

A more proactive approach to employee health could prevent 100,000 people from falling out of work over the next five years, a report has argued. The report, from the Commission for Healthier Working Lives, has called for a new more proactive and preventative approach to support people in ill health before they are forced to leave work. The finding has come as, separately, the union body the TUC has published analysis suggesting the number of days lost because of work-related ill health has rocketed by a third since 2010 – to 34 million days. Personnel Today has more:
https://www.personneltoday.com/hr/focusing-on-employee-health-could-stop-100000-falling-out-of-work/

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New diversity and inclusion rules will not be introduced into the UK’s financial sector by regulators, the Prudential Regulation Authority and the Financial Conduct Authority have stated. The new DEI rules for financial firms would have imposed extra “regulatory burdens” and costs, said the two regulators. Campaigners in the sector have expressed disappointment at the decision. Catch up:
https://www.personneltoday.com/hr/city-financial-regulators-scrap-dei-measures/

A jury has retired to deliberate on their verdicts in a modern slavery trial in Oxford. Lydia Mugambe, a UN criminal tribunal judge and Oxford University law PHD student, has been accused of using her judicial status to facilitate the travel of a young Ugandan girl to Oxford to be her unpaid housemaid. It is alleged the 49-year-old had produced a fake employment contact for the girl’s work visa stating she would be a domestic servant for John Leonard Mugerwa, who at the time the Ugandan high commissioner. She then reportedly told the girl she would be working as her paid housemaid as well as a being free to find additional employment elsewhere. However, the girl was allegedly never paid for her childcare work for the defendant and struggled to ‘hold down steady employment’ due to Mugambe ‘withholding her ID documents’. More from This is Oxfordshire:
https://www.thisisoxfordshire.co.uk/news/25002716.oxford-modern-slavery-trial-jury-retires-consider-verdicts/

Dundee University’s decision to axe 632 jobs has been branded "devastating", as the institution’s interim principal admitted financial mismanagement and “poor investment decisions” had contributed to the cuts. Around 20 per cent of the crisis-hit university’s 3,000-strong workforce will be axed, including 197 academic staff, as it seeks to find £75 million. The Scotsman has more here:
https://www.scotsman.com/education/more-than-600-jobs-to-be-axed-at-crisis-hit-scottish-university-502815

A marketing manager has won a claim for sex-based harassment and unfair dismissal after her manager endorsed degrading remarks made by Jeremy Clarkson against Meghan Markle. Mrs Selkin worked at agricultural machinery distributor Opico, the tribunal heard, where most female staff are employed in administrative functions. Selkin claimed that there was a “sexist culture” at the company that began with its owner James Woolway and extended downwards. More:
https://www.personneltoday.com/hr/marketing-manager-clarkson/

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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.

CIPD: GB Employment Rights Bill: Amended but not complete

As the Employment Rights Bill (ERB) continues its passage through the Westminister Parliament, the GB Government on 4 March announced a swathe of amendments to be considered at its report stage on 11 and 12 March. The bill will then have a third reading in the House of Commons when final changes will be agreed before it goes to the House of Lords. The CIPD considers the latest key developments as well as the results of a recent survey on how organisations view the forthcoming legal reforms: 
https://www.cipd.org/uk/views-and-insights/thought-leadership/insight/employment-rights-bill-amended/

GB Women and Equalities Committee welcomes minister’s commitment to ‘vital’ miscarriage bereavement leave law change 

In its January report, the WEC concluded a period of paid leave “should be available to all women and partners who experience a pre-24-week pregnancy loss”, adding “the case for a minimum standard in law is overwhelming”. Business and Trade Minister Justin Madders said WEC’s report “demonstrated a clear gap in support”, adding the Government “fully accept the principle of bereavement leave for pregnancy loss”. He said “bereavement is not an illness” and pregnancy loss “does need its own special category”: https://committees.parliament.uk/committee/328/women-and-equalities-committee/news/205752/women-and-equalities-committee-welcomes-ministers-commitment-to-vital-miscarriage-bereavement-leave-law-change/

Westminster government seeks power to provide legal advice in GB employment disputes

A power for the government to provide legal advice and representation to anyone involved in an employment dispute has been proposed for the GB Employment Rights Bill. Among 263 government amendments to the Westminster bill published this week ahead of next week’s report stage in the House of Commons is also a right for the government to bring a case on a worker’s behalf. An employment law specialist described these provisions – which have not been trailed or explained – as “highly irregular”. Legal Futures has more:
https://www.legalfutures.co.uk/latest-news/government-seeks-power-to-provide-legal-advice-in-employment-disputes

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Employment Law at 11

📅 Friday, 4th April 2025 
⏰ 11:00 AM – 11:45 AM 
💻 Online

Join Seamus McGranaghan of O'Reilly Stewart Solicitors and Legal Island's own Christine Quinn for the next in the Employment Law at 11 series.

Topic coming soon!

Bring your questions and Christine will put them to Seamus live!

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. Or catch up on Spotify, Amazon or Apple Music while you're on the go!

NOTE: – Send your questions in advance to gosia@legal-island.com. Anonymity assured.

Please note that the employment law matters discussed in this webinar apply primarily to Northern Ireland.

REGISTER HERE!

Enjoy the long weekend!

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