With "Spot the Difference" back in fashion, thanks to the Royal AI...ahem...PR Team, use our updates below to complete your HR puzzle............

This week's top 5:

1. Why some employers must provide extra holiday in 2024
2. MEPs approve world's first comprehensive AI law
3. Translink 'has no more money' to increase pay offer
4. 3 in 4 experience ‘discriminatory or exclusionary’ behaviour
5. Labour says it will use state bank to fund female-led businesses

And in other news...............what are the three main drivers of AI in the Workplace? Barry Phillips considers what is really driving AI in the workplace and what it means for your organisation in the latest AI for HR Weekly Podcast...............

CONTENTS

1. Case Law Reviews
2. AI and Employment Law
3. Demand for workers continues sharp decline, finds labour market study
4. Diversity & Inclusion
5. Just in Case You Missed It...
6. HR Developments
7. Northern Ireland victims of Post Office scandal fear being ‘left behind’
8. Employment News in the Media
9. GB Developments
10. Health and Safety Developments
11. Free Webinars This Month

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1. Case Law Reviews ⚓︎

Musielak v Crystal Facilities Management and Property Services Ltd [2024] NIIT 35870/21

Summary Description: No discrimination in dismissing an employee even though they were taking time off for a dependant at the time – the decision had already been made before that and was before the one years’ continuous service had accrued.

Claimant: Manuela Musielak

Respondent: Crystal Facilities Management and Property Services Ltd

Keywords: Sex Discrimination; Unfair Dismissal; Jurisdiction

Practical Guidance for Employers:

This case demonstrates the importance of keeping accurate evidence.  The issue here related to the letters received by the claimant and how it coincided with the issue affecting her son.   The Tribunal was befuddled by the January letter which had ‘copy’ written on it and whether it was ever sent in January.  It will be for the Tribunal to piece these matters together and make findings of fact.  Here, there was insufficient evidence to link it to a discriminatory basis therefore the claim failed.

Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/march/musielak-v-crystal-facilities-management-and-property-services-ltd-2024/

McQuade v RAOB Club and Institute [2024] NIIT 64909/2

Summary Description: A case in which setting out payslips was sufficient in complying with the requirement to give employees their payslips.

Claimant: William McQuade

Respondent: RAOB Club and Institute

Keywords: Payslips; Tribunal Procedure

Practical Guidance for Employers:

A case with burgeoning claims eventually centred on a narrow piece of law and practice – that being the provision of pay slips.  The fact that Article 40 of the 1996 Order states that the employee must be given their payslips does not mean that they have to be physically handed them which is a welcome relief considering that many employers have moved to an electronic system of providing payslips.

Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/march/mcquade-v-raob-club-and-institute-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. AI and Employment Law ⚓︎

Skills shortfall a barrier to AI adoption in government

Seven in 10 government bodies say that skills are a barrier to artificial intelligence adoption in their organisation, with many struggling to attract and retain staff with the right capabilities. A report from the public spending watchdog the National Audit Office has found that AI is not in wide use across the government, with many departments’ adoption plans being held back by a lack of skills. More:
https://www.personneltoday.com/hr/skills-a-barrier-to-ai-adoption-in-government/

The Three Main Drivers of AI in the Workplace

In this week's episode, Barry Phillips considers what is really driving AI in the workplace and what it means for your organisation.

https://www.legal-island.com/articles/uk/resources/ai-for-hr-weekly-podcast/2024/march/the-three-main-drivers-of-ai-in-the-workplace/

AI: Google restricts Gemini chatbot election answers

Google has confirmed it is restricting the types of election-related questions users can ask its Artificial Intelligence (AI) chatbot Gemini. In a blog post, it said the policy had been rolled out in India, which will hold elections starting in April. It comes as the firm aims to avoid more controversy over AI technology.

Gemini is essentially Google's version of the viral chatbot ChatGPT. It can answer questions in text form, and it can also generate pictures. Read more on the story here:
https://www.bbc.co.uk/news/business-68551206

MEPs approve world's first comprehensive AI law

The European Parliament has approved the world's first comprehensive framework for constraining the risks of artificial intelligence (AI). The sector has seen explosive growth - driving huge profits but also stoking fears about bias, privacy and even the future of humanity. Read more on this story:
https://www.bbc.co.uk/news/technology-68546450

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3. Demand for workers continues sharp decline, finds labour market study ⚓︎

Recruitment activity has continued to weaken, a pulse check of the UK’s job market taken during February has found. Continuing economic uncertainty and hesitancy to commit to new hires amid cost pressures led to a further marked fall in permanent placements, while temp billings dropped at the steepest rate since mid-2020, the latest KPMG and REC UK Report on Jobs survey, compiled by S&P Global, has found. Personnel Today has more:
https://www.personneltoday.com/hr/demand-for-workers-continues-sharp-decline-finds-labour-market-study/

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4. Diversity & Inclusion ⚓︎

Nearly Three-in-Four Professionals say they experience ‘discriminatory or exclusionary’ workplace behaviour

Discover the latest insights on workplace equality, diversity and inclusion (EDI) from a comprehensive study conducted by The Young Foundation and 12 professional membership and regulatory bodies. Uncover the challenges professionals face, the impact of discriminatory behaviour and effective solutions for driving meaningful change in the workplace.
https://www.thehrdirector.com/business-news/diversity-and-equality-inclusion/nearly-three-four-professionals-say-experience-discriminatory-exclusionary-workplace-behaviour/

Sexual harassment in City firms still ‘shockingly prevalent’

Ministers have called for an end to the ‘era of impunity’ among City employers, with a new report claiming sexual harassment and bullying is still shockingly prevalent. The Treasury Committee’s Sexism in the City inquiry, launched last summer, wants a ban on the use of non-disclosure agreements (NDAs) and stronger protections for whistleblowers. The inquiry has now published its findings along with a number of recommendations as to how sexism and misogyny in the sector can be addressed. Read more here:
https://www.personneltoday.com/hr/sexism-in-the-city-findings-2024/

Labour says it will use state bank to fund female-led businesses

Labour plans to set targets for funding female-led businesses through the state-owned British Business Bank and to launch a review of the financial exclusion of women, if it wins the next general election. The initiatives, which will be announced on Monday by the shadow City minister Tulip Siddiq, form part of the party’s financial inclusion agenda, following a review by 10 City grandees earlier this year of Labour’s financial services strategy. Read here:
https://www.theguardian.com/business/2024/mar/11/labour-use-state-bank-fund-female-led-businesses-women-tulip-siddiq

NHS England staff facing record levels of discrimination

NHS staff in England are facing record levels of discrimination from the public, and more than one in five say they will look for a new job within the next year as issues including burnout, pay dissatisfaction and resourcing pressures persist. The 2023 NHS staff survey, published this week, found that one in 12 respondents faced discrimination while treating patients – the highest proportion since this question was first asked in 2019. Read more on the findings here:
https://www.personneltoday.com/hr/nhs-staff-survey-2023/

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5. Northern Ireland victims of Post Office scandal fear being ‘left behind’ ⚓︎

A lawyer representing Northern Ireland victims of the Post Office Horizon scandal has said his clients are “afraid of getting left behind” as legislation moves forward in England and Wales. Read in full:
https://www.irishlegal.com/articles/northern-ireland-victims-of-post-office-scandal-fear-being-left-behind

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6. Just in Case You Missed It... ⚓︎

Unlocking the Power of Coaching Skills for HR

There has been a lot of research about the impact of leaders and managers using a coaching approach in the workplace, with coaching now clearly evidenced as a powerful tool for driving employee development, engagement, and organisational performance. Marie Ferris of Thrive Coaching and Development gives her take:
https://www.legal-island.com/articles/uk/features/supplementary/2024/march/unlocking-the-power-of-coaching-skills-for-hr/

Facing up to the Problem of Mobile Phones in Schools

Over recent weeks media outlets have been highlighting the issue of the misuse of mobile phones in schools and the current government response encapsulated in their press release; “Government launches crackdown on mobile phones in schools”. Read Frank Cassidy's view here:
https://www.legal-island.com/articles/uk/features/education1/2024/january/facing-up-to-the-problem-of-mobile-phones-in-schools/

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7. HR Developments ⚓︎

Why some employers must provide extra holiday in 2024

As a result of how the Easter bank holidays fall in 2024 and 2025, some employers will breach their employees’ annual leave rights unless they furnish them with an extra day’s annual leave. The wording in some employees’ contracts may result in an unanticipated shortfall in their holiday entitlement, as a result of variations in Easter dates. Find out if this could affect you here:
https://www.personneltoday.com/hr/why-some-employers-must-provide-extra-holiday-2024-bank-easter/

What impact does exposure to workplace technologies have on workers' quality of life?

This briefing outlines new work that has been done for the Pissarides Review to improve our understanding of the effect that exposure to new workplace technologies is having on workers' quality of life. Based on a survey of nearly 5000 UK workers, it has, for the first time, been done with reference to the most widely accepted, multidimensional measure of health-related quality of life and wellbeing. Find out here:
https://www.ifow.org/publications/what-impact-does-exposure-to-workplace-technologies-have-on-workers-quality-of-life-briefing-paper

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8. Employment News in the Media ⚓︎

Professor Jo Phoenix has agreed to an undisclosed remedy settlement with the Open University after her claim for harassment and discrimination due to her gender-critical beliefs succeeded at the employment tribunal. The tribunal heard that Phoenix was likened to “a racist uncle at the Christmas dinner table” and accused of transphobia because of her belief that biological sex is immutable, real and important, and that sex cannot be conflated with gender identity. Read more here:
https://www.personneltoday.com/hr/open-university-agrees-settlement-in-gender-critical-belief-case-ou-phoenix/

Translink has said it has no more money to offer public transport workers who have been striking over pay. On Tuesday, Unite, GMB and Siptu confirmed their members had "decisively voted to reject" a pay offer. The offer tabled by Translink management was a 5% increase plus a one-off payment of £1,500 for the 2023/24 financial year. Read more from the BBC:
https://www.bbc.co.uk/news/uk-northern-ireland-68554655

A head teacher sacked from an east London primary school for assault after tapping her son's hand was unfairly dismissed, an employment tribunal has ruled. Shelly-Ann Malabver-Goulbourne was reported by a colleague at Northwold Primary School for allegedly hurting her son, three, while working late in her office. It resulted in her suspension from the Hackney school and a police investigation. Ms Malabver-Goulbourne said she tapped her son with two fingers to get his attention. Read more:
https://www.bbc.co.uk/news/articles/c97w5n6gzqwo

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9. GB Developments ⚓︎

Gender critical beliefs in the workplace

A flurry of recent cases explore the protection against discrimination available to employees when manifesting their gender critical beliefs – both at work and online. Lewis Silkin consider the cases and offer suggestions about how to support all employees and avoid conflict. Read in full:
https://www.lewissilkin.com/en/insights/gender-critical-beliefs-in-the-workplace

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10. Health and Safety Developments ⚓︎

County Tyrone company fined following death of employee at production facility

Following an investigation by the Health and Safety Executive for Northern Ireland (HSENI), Westland Horticulture Limited was fined £130,000 at Dungannon Crown Court. The Dungannon based company pleaded guilty to a single health and safety offence at an earlier court hearing. Find out more here:
https://www.hseni.gov.uk/news/county-tyrone-company-fined-following-death-employee-production-facility

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11. Free Webinars This Month ⚓︎

Employment Law at 11 - With O'Reilly Stewart Solicitors

Friday 12th April (11:00am - 11:45am)

Register for the next webinar in the series, during which Christine Quinn from Legal Island will discuss your employment-related questions with Seamus McGranaghan from the employment team at O'Reilly Stewart solicitors.

Join Christine and Seamus and up to 500 participants as they discuss your employment law queries live in our webinar series, “Employment Law at 11”.

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/4142470966176277849?source=WR

Check out previous discussions:
https://www.legal-island.com/resources/any-questions-webinars/

Enjoy the weekend.

Legal-Island

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