Next week marks the official start of summer...............apparently................grab your Oodie, stick the heating back on and get cosy with the Friday Round-up!
This week's top 5:
- Lewis Silkin and Legal Island Comparative Law Table - updated and refreshed!
- Senior doctors in Northern Ireland have voted to take strike action
- Four-in-ten employees are still being strictly time monitored
- Gen Z, millennials are ‘weak link’ as AI fuels new cyberattack workplace threats
- Protected beliefs: how employers can deal with conflicts of rights at work
And in other news...............HUGE CONGRATULATIONS to Legal Island regular Mark McAllister as it's announced he's the new incoming Chief Executive of the Labour Relations Agency when Don Lesson retires later this year! Well done Mark, and best of luck for the future Don! And you can join Mark on Friday 21st June when he'll be co-hosting Employment Law at 11 with Seamus! It's almost like we knew we'd have the scoop of the century! REGISTER HERE!
- Case Law Reviews
- Lewis Silkin and Legal Island Comparative Law - updated and refreshed!
- AI and Employment Law
- Economy & Jobs
- Flexible working
- ESG
- Senior doctors in Northern Ireland have voted to take strike action
- BP tightens rules on staff relationships
- Just in Case You Missed It...
- HR Developments
- Employment News in the Media
- GB Developments
- Friends of Legal Island
- Free Webinars This Month
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1. Case Law Reviews
Anderson v CAE Crewing Services Ltd [2024] EAT 78
Summary Description: Independent medical examiners could be regarded as ‘agents’ for the purpose of the respondent being liable for their discriminatory acts, if applicable.
Claimant: Jessica Anderson
Respondent: CAE Crewing Services Ltd
Keywords: Unfair Dismissal
Practical Guidance for Employers:
This case provides an interesting examination of the potential responsibility for an employer considering actions of those who would be regarded as ‘third parties’. Being agents, rather than employees or workers, of the respondent will be sufficient that there may be a responsibility when it comes to discriminatory acts and that should be taken into account in considering issues that may be raised by employees with these concerns.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/june/anderson-v-cae-crewing-services-ltd-2024/
Shahbaz v Legacy Management Group Ltd [2024] NIIT 17264/23
Summary Description: No constructive dismissal when there was a shift pattern change; the contract did not stipulate an express pattern and there was due notice given of the change.
Claimant: Muhammad Naeem Shahbaz
Respondent: Legacy Management Group Ltd t/a Legacy Resources
Keywords: Unfair Dismissal
Practical Guidance for Employers:
The issue of whether there was a resignation or a dismissal in these situations can be complex and are contextually driven. In this case a range of options were provided to the claimant for him to be able to make a decision, which is good practice. These were in line with the contract as agreed and when there was a failure to engage and there was a resignation the respondent was able to demonstrate that there had been no fundamental breach of contract by them to the claimant.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/june/shahbaz-v-legacy-management-group-ltd-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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2. Lewis Silkin and Legal Island Comparative Law Table - updated and refreshed!
The Lewis Silkin and Legal Island Comparative Employment Law Table outlines the key differences between GB, NI and ROI employment laws as of 10th June 2024.
The purpose of this re-vamped table is to provide a handy reference guide to the key similarities and differences across the 3 jurisdictions, together with a ‘look forward’ section to potential or expected developments. Links to relevant legislation, articles and other documents are included in the hope that this will assist you to understand and deal with the differences in employment law developments in GB, NI and ROI. Find it here:
https://www.legal-island.com/articles/uk/features/comparative-employment-law/2022/comparative-employment-law-northern-ireland-ireland-and-great-britain/
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3. AI and Employment Law
Apple this week announces its AI for the People with ChatGPT thrown in…
Barry Phillips reviews Apple’s big announcements this week which confirms it’s a major AI player after all.
UK lawyers back self-regulation of AI use
A survey commissioned by Thomson Reuters found that 48 per cent of lawyers in UK firms and 50 per cent of UK in-house lawyers support self-regulation, with 36 per cent of lawyers in firms and 44 per cent of in-house lawyers backing government regulation. The same survey in the US found even lower support for government regulation, with only 26 per cent backing in the US and Canada, the English Law Society Gazette reports. Irish Legal News has more:
https://www.irishlegal.com/articles/uk-lawyers-back-self-regulation-of-ai-use
Gen Z, millennials are ‘weak link’ as AI fuels new cyberattack workplace threats
A survey of 1,000 workers in the U.S. by EY paints an alarming picture of the cybersecurity landscape. More than half (53%) of employees fear their organization will be targeted by cybercriminals, with about one-third (34%) worried their own actions could be the weak link. This anxiety is particularly acute among Gen Z and millennials, who feel less equipped to navigate the increasingly complex world of cyber threats compared to their older counterparts. More from Worklife:
https://www.worklife.news/technology/gen-z-millennials-are-weak-link-as-ai-fuels-new-cyberattack-workplace-threats/
NatWest’s virtual ‘assistant’ handling double the number of customer queries
NatWest has doubled the number of queries it handles through its “digital assistant” Cora, as it prepares to deepen its use of generative artificial intelligence to speak to banking customers. The UK banking giant was piloting a new version of its chatbot, dubbed Cora+, from Monday. NatWest revealed the virtual chatbot handled 10.8 million queries over 2023, up from about five million in 2019. More from the Independent:
https://www.independent.co.uk/tech/natwest-isa-ibm-b2559565.html
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4. Economy & Jobs
Optimism over labour market despite slow demand for skills
The latest KPMG/Recruitment Employment Confederation analysis suggests that although May was the 20th successive month in which placements have fallen, the latest decline was modest and the slowest since March 2023. However, typical starting pay for new recruits rose again during May, reflecting the competitive market for talent and April’s increases in minimum wage rates. Personnel Today has more here:
https://www.personneltoday.com/hr/optimism-over-labour-market-despite-slow-demand-for-skills/
UK unemployment rising at fastest pace of OECD countries, analysis shows
Unemployment is rising in the UK at the fastest pace among 38 of the world’s richest countries, according to an analysis by the Trades Union Congress (TUC). The union body looked at data from the Organisation for Economic Cooperation and Development (OECD) covering the first three months of this year and found that of its 38 member states, only Costa Rica suffered a similar rise in the number of people losing their jobs between the start of January and the end of March. Every region of the UK was affected by rising unemployment and a falling number of job vacancies, the TUC said, illustrating the dislocation in the labour market between employers who cannot find workers with the right skills and rising joblessness, reports the Guardian:
https://www.theguardian.com/business/article/2024/jun/10/uk-unemployment-rising-fastest-pace-oecd-countries-tuc-analysis
May Labour Market Statistics
The latest labour market statistics were published by the Northern Ireland Statistics & Research Agency. Findings include:
- The number of employees receiving pay through HMRC PAYE in NI in May 2024 was 801,800, unchanged over the month and a 1.6% increase over the year
- NI employees had a median monthly pay of £2,217 in May 2024, an increase of £24 (1.1%) over the month and £141 (6.8%) over the year
- NISRA, acting on behalf of the Department for the Economy, received confirmation that 180 redundancies occurred in May 2024
More here:
https://www.economy-ni.gov.uk/news/labour-market-statistics-66
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5. Flexible working
Four-in-ten employees are still being strictly time monitored
A controlling and inflexible leadership style is making U.K. employees feel powerless and devalued. The findings from O.C. Tanner’s 2024 Global Culture Report reveal that 41 per cent of U.K. employees have their working time strictly monitored with 39 per cent admitting that leaders are always watching whether they’re on task during work hours. More from HR Director:
https://www.thehrdirector.com/business-news/leadership/four-ten-employees-still-strictly-time-monitored/
However…
The flexible work revolution: embracing trust, autonomy, and technology
The Employment Relations (Flexible Working) Act 2023, effective April 2024, grants employees in England, Scotland and Wales the legal right to request flexible working from their first day on the job. This legislation reshapes workplace dynamics, making trust, autonomy, and technological adaptation critical for engaging and productive teams in the flexible era. Trust, autonomy, and technology are key, but how can HR leaders adapt? More from HRD Connect:
https://www.hrdconnect.com/2024/06/07/the-flexible-work-revolution-embracing-trust-autonomy-and-technology/
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6. ESG
Barclays branches across UK targeted by protesters
Barclays bank branches across the UK have been covered in red paint and had windows smashed as part of protests by a pro-Palestine group. Up to 20 buildings across England and Scotland have been targeted, according to the group Palestine Action. It said the protests were carried out to "demand the bank divests from Israel's weapons trade and fossil fuels". More from the BBC:
https://www.bbc.co.uk/news/articles/c1rrzp1qwp1o
Gen Z unlikely to work for companies that withdraw support for the LGBTQ+
Research by myGwork’s of over 2,000 students and recent graduates around the world reveals that eight out of 10 LGBTQ+ Gen Zers are reluctant to join companies that have recently withdrawn support for the LGBTQ+ community. This underscores the importance for employers to carefully consider the consequences of retracting LGBTQ+ support. Employers must work harder to offer consistent, unwavering support for LGBTQ+ inclusion if they are serious about attracting a diverse workforce. More from HR Director:
https://www.thehrdirector.com/business-news/diversity-and-equality-inclusion/gen-z-unlikely-work-companies-withdraw-support-lgbtq/
Ex-BHS directors must pay £18m over chain's collapse
Two former directors of BHS have been ordered to pay at least £18m to creditors over their role in the collapse of the retailer eight years ago. A court found Lennart Henningson and Dominic Chandler liable for wrongful trading, misfeasance trading and misfeasance over their management of the High Street chain. Mr Justice Leech ruled that Mr Henningson and Mr Chandler, who worked for Mr Chappell’s company Retail Acquisitions, had breached their corporate duties by continuing to trade despite knowing there was no reasonable chance that BHS could avoid insolvency. Each must pay £6.5m for wrongful trading and £5.6m between them for the charges of misfeasance. More from the BBC:
https://www.bbc.co.uk/news/articles/c722n81kkpxo
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7. Senior doctors in Northern Ireland have voted to take strike action
The result of the five-week ballot will see consultants preparing to take part in a 24-hour walk out from 26 to 27 June. The decision has been voted for as part of a long-running dispute over pay. The BMA said pay for consultants has fallen by "over 30%" since 2008/2009 whereas consultants in England have recently accepted a new pay offer. More from the BBC:
https://www.bbc.co.uk/news/articles/cxxxlyw17l8o
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8. BP tightens rules on staff relationships
BP has tightened its workplace relationship policy months after the CEO was ousted for failing to disclose his affairs with colleagues. Last September, the Irish-born Bernard Looney had to resign from his role as chief executive of the oil giant after it was revealed he was “not fully transparent” about past personal relationships with colleagues. The scandal has resulted in BP tightening up its internal policies as employees are now warned to disclose any intimate relationships they have at work. City A.M. has more here:
https://www.cityam.com/bp-tightens-workplace-romance-rules-after-looney-scandal-legal-experts-weigh-in/
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9. Just in Case You Missed It...
MCS Lunch and Learn: Creating an Inclusive Workplace
Join industry experts Ryan Calvert and Rebekah Mulligan from MCS, alongside Julie Holmes from Legal Island, for an eye-opening webinar exploring the latest recruitment trends – and the path to building diverse, inclusive teams. While diversity is pivotal, it's just the beginning of the journey towards true inclusivity. Learn how to kickstart this journey by establishing a robust talent pipeline, then go further by fostering a positive workplace culture that embraces everyone. If you missed it, you can catch up here:
https://www.legal-island.com/articles/uk/resources/webinars/2024/june/mcs-lunch-and-learn-creating-an-inclusive-workplace-culture/
How Can Managers Best Capitalise on Gen Z within the Workplace?
The term ‘Gen Z’ refers to the cohort born between the years of 1997 and 2012. Gen Z may be the newest generation to join the workforce however, according to the World Economic Forum, Gen Z are predicted to account for one-third of the global workforce by 2025. As the number of Gen Z employees joining the workforce continues grow, organisations are increasingly finding that management strategies used to attract and retain their millennial predecessors appear less effective when it comes to the younger workforce. Charlotte Eakin of Think People has more:
https://www.legal-island.com/articles/uk/features/supplementary/2024/june-2024/how-can-managers-best-capitalise-on-gen-z-within-the-workplace/
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10. HR Developments
HR ready to jump ship amid C-suite disputes
Octopus Money found that, this year, 62% HR professionals have faced increased pressure to mediate a disconnect between employees and the C-suite. The research also suggested the C-suite were not focused on retention, as 42% cited their main priority as the cost of running the business. Meanwhile 42% of the C-suite agreed their benefits were ineffective at retaining talent and 31% claimed this was because employees had not tried to understand them. However 80% of employees said they do understand benefits but failed to see the added value. HR Magazine has more here:
https://www.hrmagazine.co.uk/content/news/hr-ready-to-jump-ship-amid-c-suite-disputes
Why candidate fraud is a risky business
With the cost of living crisis adding to the woes of individuals and household budgets, it’s not surprising that jobseekers are trying every trick in the book to land that coveted job. But while gently “bending the truth” may be commonplace, providing fake IDs and falsifying documents poses a far more serious threat. This article from the Global Recruiter looks at carrying out Right to Work and other background checks to prevent the fraudsters from slipping through the net:
https://www.theglobalrecruiter.com/taken-on-trust/
Protected beliefs: how employers can deal with conflicts of rights at work
In an era where social media amplifies conflicting viewpoints, workplace disputes over protected beliefs are on the rise. Are there any lessons from recent cases that can help employers minimise the risks of legal and reputational fallout? More from HR Director:
https://www.thehrdirector.com/features/employment-law/protected-beliefs-employers-can-deal-conflicts-rights-work/
And Seamus McGranaghan of O'Reilly Stewart Solicitors will be leading a case study on this very topic, "An unstoppable force meets an immoveable object – philosophical beliefs in the workplace", at NI Annual Review of Employment Law on 27th November 2024, in-person at Crowne Plaza and online. More details here:
https://www.legal-island.com/event/annual-review-of-employment-law-2024-ni-online-and-in-person/
6 signs you're good at your job, according to an HR executive with over 35 years of experience
Michael Doolin, CEO of Clover HR and former human-resources director at PwC, British Airways, and DPD in Ireland talks about employee engagement and how too many employers fail to recognise that simple acknowledgment can go a long way in keeping people engaged. More from Business Insider:
https://www.businessinsider.com/pwc-hr-performance-signs-good-at-job-2024-6
Stress bragging: what is it and what should HR do about it?
Study shows employees seeing stress as a ‘badge of honour’ is contributing to toxic workplace cultures, while commentators fear the term will be used to ‘silence’ those who are struggling. More from People Management:
https://www.peoplemanagement.co.uk/article/1876028/stress-bragging-what-hr-it
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11. Employment News in the Media
A teacher had been awarded £61,000 in a disability discrimination and unfair dismissal claim after her employer failed to make reasonable adjustments for symptoms of menopause and anxiety. Mrs Shearer refused to transfer from the Clydesdale Support Base, a special needs school in Carluke, where she had been teaching since 2015, to Kear Secondary School, because she was anxious the move would exacerbate her menopause symptoms and contradicted advice in two occupational health reports. More:
https://www.personneltoday.com/hr/shearer-v-south-lanarkshire-council-menopause-reasonable-adjustments/
A woman who swindled her employer out of more than £23,600 has been ordered to pay back just £7,500 – or face up to two years in prison. Kirsten Alexandra Stevenson was accused of stealing cash from her employer – a shop in Laurencetown – on dates between August 13, 2022 and January 24, 2023. More from Armaghi:
https://armaghi.com/news/craigavon-news/woman-who-swindled-employer-out-of-23600-ordered-to-pay-back-7500/244209
A former Jet2 cabin crew member has claimed she was forced out of her job over her haircut. Marion McKay told an employment tribunal in Edinburgh she was signed off work due to stress after bosses at the airline threatened to ban her from working on flights unless she changed her short hair. Marion is now seeking £22,000 in compensation from Jet2 due to emotional distress and loss of earnings. The airline denies any wrongdoing. More from the Daily Record:
https://www.dailyrecord.co.uk/news/scottish-news/ex-jet2-cabin-worker-claims-32960779
A nurse who made vulnerable patients wash his car and then claimed it was part of their “therapy” has been struck off. Ian Brown, a mental health specialist at a care home for male offenders with mental illnesses, got four residents sectioned under the Mental Health Act to clean his vehicle. A disciplinary panel described his conduct as “deplorable” and struck him off the nurses’ register. More from the Telegraph:
https://www.telegraph.co.uk/news/2024/06/07/nurse-barred-for-making-patients-wash-car-as-therapy/
Shoaib Razaq, a Tesco manager, gifted Kerry Cliffe a sex toy as part of the store's staff Christmas celebrations, an employment tribunal heard. But Mr Razaq - a married man who later admitted buying the gift was a 'terrible decision' - was sacked from his role as store manager for gross misconduct after an investigation found he 'abused his position of trust'. He has now successfully sued for unfair dismissal and race discrimination after an employment judge found 'basic steps were not taken' to look into all the allegations correctly. More from the Daily Mail:
https://www.dailymail.co.uk/news/article-13516997/Tesco-manager-sacked-gave-female-colleague-vibrator-Secret-Santa-wins-unfair-dismissal-claim-insisting-raunchy-gift-bought-joking-manner.html
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12. 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.
Beefeater owner threatened with legal action over plan for 1,500 job cuts
More than 1,500 workers from restaurants including Brewers Fayre, Table Table and Beefeater outlets are threatening their parent company Whitbread with legal action over alleged poor consultation on planned job cuts and closures. Unite union, which is not formerly recognised by Whitbread but says it represents hundreds of the people who may lose their jobs, claims that a statutory 45-day consultation with those affected, which kicked off in late April, has not been conducted in a “genuine or meaningful way”. It says there is no evidence that Whitbread has considered alternatives to redundancy despite the company reporting a 36% rise in underlying profit to £561m. You can read more about this from the Guardian:
https://www.theguardian.com/business/article/2024/jun/11/beefeater-job-cuts-whitbread-premier-inn-unite
Citi women asked to sign NDAs agreeing not to bring harassment claims when they leave
As Citi battles a wave of bad publicity regarding culture in its equities division, women who've left the bank in the recent past say their ability to complain about poor treatment by men in the unit has been hamstrung by non-disclosure agreements (NDAs) specifying that they must not bring discrimination or harassment claims against senior individuals. Men who leave Citi are asked to waive their rights to bring harassment claims too. But some women leaving Citi say it's more impactful for them because they're the ones bearing the brunt of the alleged harassment in some of its divisions. Efinancial careers has more:
https://www.efinancialcareers.co.uk/news/ndas-banking
Lib Dems unveil 2024 election manifesto
The 2024 election manifesto which outlines plans to reform sick pay, replace the apprenticeship levy and establish a new employment status. They would also set a 20% premium on the national minimum wage for people on zero-hours contracts to compensate for the uncertainty of fluctuating work. The first of the main political parties to unveil their 2024 general election manifesto, the Lib Dems have outlined their plans for job creation, skills development, health and care services, immigration and employment law reforms should they win power next month, reports Personnel Today:
https://www.personneltoday.com/hr/lib-dems-unveil-2024-election-manifesto/
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13. Friends of Legal Island
NICS launches trainee and apprenticeship schemes
The Northern Ireland Civil Service (NICS) has launched a recruitment campaign for a range of trainee and apprenticeship schemes, with over 100 places available:
https://irecruit-ext.hrconnect.nigov.net/news/NewsItem.aspx?ID=2516a8ba-58c8-45fd-815e-87acfafa16aa
New DEI strategy launched by Law Society of NI
The Law Society of Northern Ireland has announced the publication of its new Diversity, Equality and Inclusion strategy following a period of consultation with its members and wider stakeholders. At the heart of the new strategy are a number of specific objectives including:
- Access to the Profession
- Building a Successful Career
- Culture respecting diversity
More here:
https://www.lawsoc-ni.org/new-diversity-equality-and-inclusion-strategy-launched
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14. Free Webinars This Month
Employment Law at 11 Special – Horizon Scanning with special guest Mark McAllister
21st June 2024 (11:00am - 11:45am)
In a break from tradition, our monthly Employment Law at 11 returns on 21st June 2024.
Join Seamus McGranaghan of O’Reilly Stewart solicitors and Legal Island’s Christine Quinn as they welcome special guest Mark McAllister, incoming Chief Executive of the Labour Relations Agency, for an Employment Law at 11 special.
The NI Assembly is back, and rumours abound about what’s in store in employment law in the coming 18 months – and forewarned is forearmed!
Mark will be dusting off his crystal ball, normally reserved for Legal Island’s Annual Review of Employment Law in November, to cut through the rumours and give insights on what to expect from Stormont. As always, Seamus will be offering his expert legal opinion on what steps you can take now to make sure your organisation is ready, come what may.
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 questions in live during the webinars or drop a line in advance to webinars@legal-island.com. Anonymity assured.
Register Now:
https://attendee.gotowebinar.com/register/7561979620020289629?source=WR
Check out previous discussions:
https://www.legal-island.com/resources/any-questions-webinars/
Enjoy the weekend.
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