The latest John Lewis ad may be about finding the perfect gift, but we’ve got the gift of this week’s top employment stories to share with you.
This week's top 5:
- Annual Review Session of the Week: Adapting to Change: Understanding NI's ‘Good Jobs’ Consultation
- Can AI replace the password in 2025?
- Post Office chief executive, Nick Read “paid lots whilst not doing a very good job”
- ONS: Home workers save an average of 56 minutes a day
- Disabled paralegal’s £41k damages over unfair law firm dismissal
And in other news............... We're on the final countdown to our biggest event of the year with our Annual Review coming up on 27th November. Are you ready? We are! Don't miss out by clicking HERE!
- Annual Review Session of the Week: Adapting to Change: Understanding NI's ‘Good Jobs’ Consultation
- Case Law Reviews
- AI and Employment Law
- NatWest has banned staff from using Facebook Messenger and WhatsApp to communicate
- Budget
- Pay
- Bolt drivers win right to holiday and minimum wage
- Leadership
- Candidates think neurodiversity is ‘red flag’ for employers
- Just in Case You Missed It...
- HR Developments
- Employment News in the Media
- GB Developments
- Health and Safety Developments
- Friends of Legal Island
- Free Webinars This Month
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1. Annual Review Session of the Week
Adapting to Change: Understanding NI's ‘Good Jobs’ Consultation
Lewis Silkin (NI) LLP invited stakeholders to share their views on the ‘Good Jobs’ consultation, resulting in a unique snapshot of NI businesses' perspectives on forthcoming employment law changes. Join Lewis Silkin Partner Ciara Fulton as she reviews key areas likely to face legislative shifts, offering insights into how these changes might impact organisations. Attendees will gain strategies to adapt, stay compliant, and navigate this evolving landscape.
https://bit.ly/ktniarel24
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2. Case Law Reviews
Ogden v Booker Ltd [2024] Case No: 2400482/2024
Summary Description: Dismissal procedure not reasonable when it failed to look at the overall workplace culture in light of the claimant making a comment contrary to the dignity at work policy.
Claimant: R Ogden
Defendant: Booker Ltd
Keywords: Unfair Dismissal
Practical Guidance for Employers:
An interesting case about workplace culture and how a sub-standard culture can be facilitated by inaction from management. The Tribunal notes that there were similar incidents that were allowed and by taking action against only one and not examining the culture it led to an unfair process against the claimant. A primary learning point arising is ensuring that the policies and processes are followed rather than allowing that culture of ‘banter’ and, in addition, when such an issue does arise the investigation ought to look at the wider culture to ensure that an individual employee is not being the ‘fall guy’.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/november/ogden-v-booker-ltd-2024/
Mendy v Manchester City Football Club Ltd [2024] Case No: 2411709/2023
Summary Description: The claimant was able to claim unpaid wages when he was suspended pending trial but could not claim for periods in which he was held in custody.
Claimant: Benjamin Mendy
Defendant: Manchester City Football Club Ltd
Keywords: Unlawful deduction from wages.
Practical Guidance for Employers:
A high-profile case considering the parties involved. The case does provide some useful legal arguments, albeit that they are unlikely to arise with such vast sums again, when it comes to withholding pay when an employee is suspended. The general rule is that the employee will still be entitled to their pay but where they are not ready, willing and able to work then that could allow for it be withheld. However, the Tribunal has looked at that restrictively so that it was only the periods of custody in which no pay could be given and it did not cover the whole period of suspension by the Football Association.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/november/mendy-v-manchester-city-football-club-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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3. AI and Employment Law
Government launches AI assurance tools for businesses
A newly launched platform is intended to act as a “one-stop-shop” for information on how to identify and mitigate potential AI risks. The online hub will bring together guidance and practical resources to show businesses how they can carry out impact assessments and evaluations as well review data used in AI systems to check for bias. It will also see the government partnering with industry to develop a roadmap which it is hoped will help organisations navigate international standards on AI assurance. Public Technology has more on this story:
https://www.publictechnology.net/2024/11/12/business-and-industry/government-launches-ai-assurance-tools-for-businesses/
Can AI replace the password in 2025?
The cybersecurity community doesn’t agree on much, but information security professionals agree passwords are hot garbage. The newly published RSA ID IQ report asked more than 2,000 cybersecurity and tech professionals, spread geographically across 62 countries, how often they have to enter their password at work—51% had to do so at least six times a day. Passwords are difficult to remember, easy for hackers to acquire and costly for IT support to manage. But that’s just skimming the surface of the real issue with passwords: most data breaches begin with compromised credentials. More from Forbes:
https://www.forbes.com/sites/daveywinder/2024/11/04/passwords-are-hot-garbage-ai-promises-something-better-in-2025/?ss=digitaltransformation
How AI is transforming HR’s ‘dead data’ problem
As organisations generate an avalanche of daily employee data – people managers face an unprecedented challenge: how to transform all that so-called “dead data” into actionable insights. But recent innovations in AI offer promising solutions for resurrecting that dormant information and converting it into “companion knowledge.” Take performance reviews as an example: AI systems can now aggregate and analyse multiple data streams — from project management tools, communication platforms and collaborative documents — to create a more comprehensive picture of employee contributions. Instead of relying solely on manager observations or quarterly metrics, the technology can identify patterns in how employees collaborate, their project completion rates and their impact across teams. More from WorkLife:
https://www.worklife.news/technology/how-ai-is-transforming-hrs-dead-data-problem/?
Is it data bias or algorithms that we should be most worried about in the workplace?
This week Barry Phillips asks whether the concern for bias in data used to train LLMs such as ChatGPT is actually misplaced.
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4. NatWest has banned staff from using Facebook Messenger and WhatsApp to communicate
One of the UK’s largest banks has banned employees from using instant messaging apps such as WhatsApp, Skype, and Facebook Messenger. NatWest had previously asked workers to ensure they used ‘approved channels’, but has now gone one step further and made messaging platforms inaccessible from company-issued devices. More from Techradar on this:
https://www.techradar.com/pro/security/natwest-has-blocked-staff-from-using-facebook-messenger-and-whatsapp
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5. Budget
Businesses warn of £400m in extra costs after Reeves’s Budget tax raid
Businesses across the UK are sounding the alarm over rising costs after Rachel Reeves raised taxes by some £40bn at the Budget last week. The Chancellor announced that employer’s national insurance contributions (NIC) will increase by 1.2 per cent to 15 per cent, and the threshold at which businesses start paying the levy will be lowered. Businesses have warned the move will dramatically increase costs and they will be forced to pass these on to the public reports City A.M.:
https://www.cityam.com/businesses-warn-of-400m-in-extra-costs-after-reevess-budget-tax-raid/
Restaurant workers' jobs threatened by Budget, bosses warn
Top pub and restaurant bosses have warned the chancellor that tax rises in last month's Budget will "unquestionably" cause closures and job losses. In a letter, more than 200 signatories have said the hospitality industry is disproportionately impacted by an "unsustainable" hike in the amount employers pay in National Insurance contributions (NICs). It adds that businesses have "no capacity to pass the costs onto customers", which would instead lead to job cuts and closures of smaller firms reports the BBC:
https://www.bbc.co.uk/news/articles/c0k8n1lpv1lo
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6. Pay
Teacher unions to ballot members for industrial action over pay
Three of the largest trade unions representing teachers in Northern Ireland have announced they will ballot members for industrial action over pay. The National Association of Schoolmasters Union of Women Teachers (NASUWT), Irish National Teachers’ Organisation (Into) and Ulster Teachers’ Union (UTU) said management has failed to make a satisfactory pay offer for 2024/5. Belfast Live has more on this:
https://www.belfastlive.co.uk/news/teacher-unions-ballot-members-industrial-30366655
UK public sector pay awards to overtake private sector for first time in four years
Pay awards for public sector workers in Britain are set to overtake the private sector for the first time in four years, according to a report, amid growing business alarm at the government’s tax plans. After October’s budget confirmed above-inflation pay rises for public sector workers and higher taxes on employment, the Chartered Institute of Personnel and Development (CIPD) said there was a growing divide in the outlook for jobs and wages. More here from the Guardian:
https://www.theguardian.com/society/2024/nov/11/uk-public-sector-pay-awards-to-overtake-private-sector-for-first-time-in-four-years
However...
Health staff pay deals cannot be matched, says Nesbitt
Stormont's health minister, Mike Nesbitt, has raised the prospect that he will not be able to match pay deals being given to healthcare staff in other parts of the UK. The independent Pay Review Body recommended a 5.5% increase for health staff in Northern Ireland for 2024-25. The same recommendation has been implemented for NHS workers in other parts of the UK but so far not in Northern Ireland. The BBC has more on this:
https://www.bbc.co.uk/news/articles/cx28jw0vxx0o
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7. Bolt drivers win right to holiday and minimum wage
Thousands of drivers working for ride-hailing and food delivery app Bolt have won a legal claim to be classed as workers in the UK rather than self-employed. The ruling means drivers could be entitled to holiday pay and the minimum wage, which lawyers said could lead to compensation worth more than £200m. About 15,000 current and former Bolt drivers took legal action against the Estonian-headquartered firm at a London employment tribunal. More here from the BBC:
https://www.bbc.co.uk/news/articles/c7047kz0vr0o
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8. Leadership
Post Office chief was paid a lot while not doing a good job, says ex-minister
The former postal minister Kevin Hollinrake has said that the outgoing Post Office chief executive, Nick Read, was “paid lots whilst not doing a very good job”, and that working with him was like “drawing teeth”, the inquiry into the Horizon IT scandal has heard. Hollinrake, who held ministerial responsibility for the Post Office from October 2022 until the general election, gave a scathing assessment of the culture and management of the Post Office, describing it as an “inward looking, poorly led, dysfunctional organisation” reports the Guardian:
https://www.theguardian.com/uk-news/2024/nov/06/post-office-chief-was-paid-a-lot-while-not-doing-a-good-job-says-ex-minister
Inspiring a generation that doesn’t aspire to climb the career ladder
From the silent generation and boomers, to Gen X and millennials, every generation has experienced the workplace differently, but Gen Z are perhaps the most unique group yet. Conscious unbossing, that is the act of prioritising personal growth over advancing through the ranks, is becoming increasingly popular among younger people. So, how do you inspire Gen Z employees to learn and grow with a business, when they may not aspire to climb the career ladder? More from Silicon Republic:
https://www.siliconrepublic.com/careers/inspiring-generation-doesnt-aspire-to-climb-the-career-ladder-gen-z
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9. Candidates think neurodiversity is ‘red flag’ for employers
Nearly two in three (63%) neurodivergent workers believe employers view neurodiversity as a ‘red flag’, research has revealed. A study by Zurich UK showed nearly half (47%) of adults hide their conditions from prospective employers, while the stigma stops 51% of them disclosing their neurodiversity. Among the 1,000 neurodivergent people polled, a similar proportion say they have been discriminated against when seeking a new job. More:
https://www.personneltoday.com/hr/candidates-think-neurodiversity-is-red-flag-for-uk-employers/
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10. Just in Case You Missed It...
Chris Fullerton from Arthur Cox answers your questions with his legal insight to ensure you can handle common workplace dilemmas with confidence. This month:
What exactly is 'gross misconduct'?
https://www.legal-island.com/articles/uk/features/q-and-a/2024/november/what-is-gross-misconduct/
Can an employer impose a dress code in the workplace?
https://www.legal-island.com/articles/uk/features/q-and-a/2024/november/can-an-employer-impose-a-dress-code-in-the-workplace/
Can an employer prevent a former employee from competing with their business?
https://www.legal-island.com/articles/uk/features/q-and-a/2024/november/can-an-employer-prevent-a-former-employee-from-competing-with-their-business/
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11. HR Developments
The Future of HR with a focus on experience design and change management
Jason Bloomfield, Global Head of People Change & Experience Design at Ericsson, sheds light on the transformative power of experience design. He explores its role in tackling employee burnout, striking the right balance between AI and the human touch in HR processes, and implementing effective change management strategies in this article from HRD Connect:
https://www.hrdconnect.com/2024/10/31/jason-bloomfield-discusses-the-future-of-hr-with-a-focus-on-experience-design-and-change-management/
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12. Employment News in the Media
A paralegal has been awarded £41,000 in damages against a law firm that unfairly dismissed and discriminated against her because she could not work full-time due to disability. Employment Judge Ficklin found the redundancy process run by Oldham-based Inaaya Solicitors was intended to dismiss Saima Kauser. The damages included £22,500 for hurt, distress and humiliation. More from Legal Cheek:
https://www.legalfutures.co.uk/latest-news/disabled-paralegals-41k-damages-over-unfair-law-firm-dismissal
The UK's highest court has ruled against Tyne and Wear Metro operator Nexus in a long-running pay battle. The row, which dates back to 2012, is centred on differing interpretations of a pay agreement which affected about 150 maintenance staff. The Supreme Court unanimously dismissed, external an appeal by Nexus to change an alleged mistake in the original contract reports the BBC:
https://www.bbc.co.uk/news/articles/c0rg9xgq1xzo
An ex-employee is planning on taking Bracknell Forest Council to court over claims of ‘discrimination and harassment’ in its removal of single-sex bathrooms for staff members. Sarah Holman said she felt 'more comfortable' working from home after complaining to management over the introduction of gender-neutral bathrooms at the council offices in Times Square. She handed in her notice to the council in June this year and now claims that her ‘needs as a female member of staff were ignored’. More from Bracknell News:
https://www.bracknellnews.co.uk/news/24722060.bracknell-ex-employee-plans-take-council-court/
The Manchester Employment Tribunal has largely ruled in favour of professional footballer Benjamin Mendy regarding his claims of unauthorised wage deductions by Premier League club Manchester City. The Tribunal considered whether the Club had the right to halt Mendy’s salary payments after his suspension and detention, following highly publicized allegations of sexual offenses—charges from which he was ultimately acquitted in criminal court. In this case Judge Dunlop determined that Mr Mendy was ready, willing and able to work, and the deductions were unauthorised. More from Law News:
https://www.lawnews.co.uk/legal-news/tribunal-backs-benjamin-mendy-in-wage-dispute-against-manchester-city/
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13. 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.
EHRC: Preventing sexual harassment at work: checklist and action plan for employers
These templates from the EHRC aim to complement your existing HR policies and help you to take action to protect your organisation and your workers. While produced for a GB audience, they're still a useful guide for HR based here in NI. They include:
- A checklist: this is designed to support you through every stage of a shift and can be adapted to suit your workplace.
- An action plan: this will help you outline what action you will take to use the checklist in your organisation.
- Monitoring logs: these will help you monitor how the checklist and action plan are being used.
You can download them here:
https://www.equalityhumanrights.com/guidance/preventing-sexual-harassment-work-checklist-and-action-plan-employers
GB Employment rights reforms fail to address workplace bullying
Among the most striking developments in GB is the introduction of the Worker Protection Act 2023, a long-anticipated amendment to the GB Equality Act 2010. This legislation goes far to proactively address the issue of sexual harassment, obliging employers to take “reasonable steps” to safeguard their employees from such misconduct. While this reform is highly commendable, an equally critical issue has remained unaddressed: the pervasive issue of workplace bullying. Currently, there is no distinct statutory definition of workplace bullying, which leaves many employees without sufficient protections or viable avenues to seek legal recourse. More from Personnel Today:
https://www.personneltoday.com/hr/employment-rights-reforms-fail-to-address-workplace-bullying/
Department of Health proposes NHS agency worker ban
NHS Trusts could be banned from using agency staff in certain roles under tough reforms unveiled by the Department of Health and Social Care. Health secretary Wes Streeting announced that the department will launch plans to reduce the NHS’s reliance on temporary agency workers, which are estimated to cost £3 billion per year. Under joint plans between the government and NHS England, NHS trusts could be prevented from using agencies to hire temporary entry-level workers in band 2 and 3, such as healthcare assistants and domestic support workers. The plans will be put forward in a consultation, which will also look at proposals to stop NHS staff resigning and then re-offering their services through recruitment agencies. Personnel Today has more on this:
https://www.personneltoday.com/hr/nhs-agency-worker-ban/
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14. Health and Safety Developments
Home workers spend more time sleeping and exercising, survey shows
People who work from home spend more time sleeping and exercising than those who travel to work, a survey has found. Home workers save an average of 56 minutes a day from not commuting, according to the Office for National Statistics (ONS). This frees time for them to get 24 more minutes of “sleep and rest” and 15 extra minutes of “exercise, sports and wellbeing” on any given day, compared with those who work away from home. The Irish News has more on this:
https://www.irishnews.com/news/uk/home-workers-spend-more-time-sleeping-and-exercising-survey-shows-ZGUN24WIWZNUHDJD7H52PQQ2RE/
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15. Friends of Legal Island
Encouraging Respectful Conversations in the Workplace: Panel Discussion Event Marking International Day of Persons with Disabilities
Following on from their guidance and podcast on Respectful Conversations in the Workplace, on 3 December at 10am, The Labour Relations Agency is hosting a panel discussion on this topic with a Disability lens. This event, led by their Disability and Long Term Conditions Network, and chaired by award-winning speaker Jamie Shields, intends to shine a light on how to remove the fear on disability and embed allyship with intentional conversations in the workplace. You would be most welcome to join them here at James House on the morning, and there will also be great networking opportunities. Find out more here:
https://www.eventbrite.co.uk/e/join-us-for-this-important-discussion-on-3-december-2024-tickets-1061999171109?aff=oddtdtcreator
Law Society of Northern Ireland launches law tech survey
The online survey, which will run until Friday 13 December, has been organised by the Law Society’s law tech working group to help it design and deliver tailored solutions to drive efficiencies and business performance in legal firms. More from Irish Legal News:
https://www.irishlegal.com/articles/law-society-of-northern-ireland-launches-law-tech-survey
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16. Free Webinars This Month
In HR and feeling like you’ve missed the AI Revolution? Get up to speed in just 30 minutes!
Tues 19th November, 11am - 11.30am
In thirty minutes, Legal Island's Barry Phillips will explain what is important to know in AI, to help you catch up and feel right up-to-date. We understand there’s a lot of jargon, hype and hubris about AI and its potential. We cut right through all of this to present you with all you really need to know. We’ll explain where to start with AI and how to make the most of this amazing development for you personally, for your HR team and for your organisation.
Register here:
https://attendee.gotowebinar.com/register/4564088602525516377?source=WR
Employment Law at 11 - With O'Reilly Stewart Solicitors
Friday 6th December (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/1438063793669369181?source=WR
Check out previous discussions:
https://www.legal-island.com/resources/any-questions-webinars/
Enjoy the weekend.
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