As fresh and as new as those first few daffodils, we bring you the weekly round up..
This week's top 5:
- 75% of employers lack AI protocols for internal communicators
- Two in five parents seeking new jobs in pursuit of support
- How can you tell if a prospective workplace is toxic?
- Right to work checks: an employer's guide updated
- Sharp rise in redundancy enquiries to the Labour Relations Agency
And in other news............... Unravel the mysteries of HR dilemmas with seasoned legal experts Ian McFarland, Eversheds Sutherland and Barristers Jason Elliott and Emma McIlveen on 28 of February. From navigating recruitment pitfalls to mastering misconduct matters, we've got you covered. Plus, here's your chance to stump our panel with your trickiest HR scenarios!
CONTENTS
- Case Law Reviews
- AI and Employment Law
- Childcare Provision: NI strategy could cost up to £400m
- Right to work checks: an employer's guide
- Ulster University research finds that workers who ‘belong’ feel better
- Could return-to-office mandates impact diversity, equity and inclusion?
- Latest Labour Market Statistics
- ‘Rigid’ flexible working rejections mean 3 in 10 UK public sector women denied rights, union warns
- 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. Case Law Reviews
Miller v University of Bristol [2023]
Summary Description: A case in which anti-Zionist beliefs were protected philosophical beliefs and that a decision to dismiss was discriminatory as a result.
Claimant: Dr David Miller
Respondent: University of Bristol
Keywords: Unfair Dismissal; Discrimination; Philosophical Belief
Practical Guidance for Employers:
This case yet again provides another example of the types of belief that are protected through the meaning of ‘philosophical belief’. Some of these beliefs can be regarded as controversial but following the categorisation of the beliefs through the Grainger factors set out by the Supreme Court does demonstrate that they can still be given protection which needs to be taken into account by employers. This should be taken into account when action is being taken based upon matters which could relate to a belief which is genuinely held by an employee.
Read the review in full here:
https://www.legal-island.com/articles/uk/case-law/2024/feb/miller-v-university-of-bristol-2023/
Grewal v Astha Limited & Chakraborty [2023] EAT 170
Summary Description: A case in which no break in the chain of causation was found where a successful claimant lost their subsequent job through no fault of their own. Accordingly, the compensation element of the claim continued past that point.
Claimant/Respondent on Appeal: S Grewal
Respondent/Appellant: Astha Limited, S Chakraborty
Keywords: Unfair Dismissal; Discrimination
Practical Guidance for Employers:
This case provides a useful reminder relating to remedies where a claimant is successful. An interesting, albeit fairly novel, point comes with the break in the chain of causation. The claim for compensation can continue after subsequent employment has been found where it then ends. The EAT made it clear that it continued as that employment came to an end through no fault of the claimant.
Read the review in full here:
https://www.legal-island.com/articles/uk/case-law/2024/feb/grewal-v-astha-limited--chakraborty-2023/
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
Gemini Ultra, ChatGPT or Copilot? Which is best for HR?
In this week's podcast, as Gemini Ultra is launched this week, we consider which alternative to ChatGPT is best for HR and most employers.
Experts warn UK could still be ‘powerless’ to tackle AI risks despite government’s £100m plan
Tech sector experts have warned that government’s £100m plan to invest in research and regulation of artificial intelligence could still leave the UK “powerless” to tackle the major risks posed by the technology. More from Public Technology:
https://www.publictechnology.net/2024/02/09/public-order-justice-and-rights/experts-warn-uk-could-still-be-powerless-to-tackle-ai-risks-despite-governments-100m-plan/
Study shows nearly 75% of employers lack AI protocols for internal communicators
Even though the adoption of artificial intelligence (AI) is increasing at a fast pace, 71% of organizations do not provide internal communicators guidance on when, where or how to use the technology, according to Gallagher’s 2023/24 State of the Sector report. Furthermore, the study, which drew insights from more than 2,300 communication and HR leaders across 56 countries, found that 1 in 10 communicators (13%) were unsure if their organization was using AI. HRD Connect has more:
https://www.hrdconnect.com/2024/02/09/study-shows-nearly-75-of-employers-lack-ai-protocols-for-internal-communicators/
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3. Childcare Provision: NI strategy could cost up to £400m
Up to £400m may be needed to deliver a new early learning and childcare strategy for Northern Ireland, Education Minister Paul Givan has said. Parents say they are being left behind as other parts of the UK benefit from childcare support measures. The BBC has more here:
https://www.bbc.co.uk/news/uk-northern-ireland-68265307
And across the UK...
Two in five parents seeking new jobs in pursuit of support
Two in five working parents are looking to switch jobs this year in pursuit of higher pay and more support for family life. This is according to the latest annual Modern Families Index by childcare provider Bright Horizons, which revealed a growing disconnect between the support parents want from their employers and the help currently on offer. You can read more here from Personnel Today:
https://www.personneltoday.com/hr/modern-families-index-2024/
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4. Right to work checks: an employer's guide
The Home Office has updated its guidance on how to carry out right to work checks, why you need to do them, and which documents you can use. This guidance applies right to work checks conducted on or after 13 February 2024 and you can read more here:
https://www.gov.uk/government/publications/right-to-work-checks-employers-guide#full-publication-update-history
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5. Ulster University research finds that workers who ‘belong’ feel better
Employers need to make sure that they put effort into employee wellbeing initiatives as these are part of the bigger picture that ultimately helps workers feel like they belong to an organisation. Researchers at Ulster University teamed up with Dublin-based workplace software maker Inclusio to confirm something that lots of us have known all along – employees who feel like they belong are 50pc more likely to contribute to their company’s success. You can read more about this from Silicon Republic:
https://www.siliconrepublic.com/careers/belonging-culture-ulster-university-inclusio-betterworks
People from ethnic minority communities have felt judged by their name
A study conducted by Samsung UK & Ireland and OnePoll, reveals the extent to which adults from diverse ethnic communities experience bias in social or workplace settings, simply because of their name. Some of the most frequent misconceptions made about the names of those from diverse ethnic backgrounds are related to where they’re from (39%), their cultural heritage (31%), and a false assumption that English isn’t their first language (27%):
https://news.samsung.com/uk/nearly-a-third-of-adults-have-felt-judged-by-their-name-rising-to-53-for-minority-ethnics
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6. Could return-to-office mandates impact diversity, equity and inclusion?
With almost two-thirds (63%) of UK CEOs predicting a full-time return-to-office by 2026, it seems we’re rapidly moving towards yet another “new normal.” However, there could be some drawbacks to these strict mandates that employers should be considering before making such changes. Namely, a 5-day-a-week RTO mandate could potentially negatively impact diversity, equity and inclusion (DE&I) in the workplace. More from Hays:
https://www.hays.co.uk/market-insights/article/return-to-office-impact-dei
And perhaps something you hadn't considered before...
How employers are revamping restrooms to entice workers to the office
There’s one luxury workers aren’t openly discussing yet they value highly as they’re being asked to return to in-person work: having their own private bathroom. A recent survey from remote job search site Jobera of over 3,000 workers found 20% of respondents said having their own bathroom while working from home is a “total game changer” and giving that up is a key reason they don’t want to return to offices. More from Worklife:
https://www.worklife.news/spaces/rto-office-bathrooms-privaccy
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7. Labour Market Statistics
The Northern Ireland Statistics & Research Agency has published the latest statistics:
- The number of employees January 2024 was 799,600, a 0.1% increase over the month and a 1.9% increase over the year.
- NI employees had a median monthly pay of £2,130 in January 2024, a decrease of £9 (0.4%) over the month and an increase of £94 (4.6%) over the year.
- Over the year February 2023 to January 2024, 2,380 redundancies were confirmed, which was almost two and a half times the previous year’s figure of 970.
You can read the full update here:
https://www.economy-ni.gov.uk/news/labour-market-statistics-62
And on that note...
Sharp rise in redundancy enquiries to the Labour Relations Agency
The Workplace Information Service have observed a notable surge in enquiries from both employees and employers regarding redundancy. If you need more information or assistance, you can find additional information here:
https://www.lra.org.uk/Latest-News/sharp-rise-redundancy-enquiries-labour-relations-agency
For UK insights...
CIPD: Labour Market Outlook Survey
The CIPD’s Labour Market Outlook is a quarterly survey of 2,000 UK employers, providing analysis on employers’ recruitment, redundancy and pay intentions combined with unique insights on labour market topics. You can find the latest report here:
https://www.cipd.org/uk/knowledge/reports/labour-market-outlook
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8. ‘Rigid’ flexible working rejections mean 3 in 10 UK public sector women denied rights, union warns
Women in the public sector are quitting their jobs due to being blocked from working flexibly with three in ten seeing their requests rejected, according to a major new study. Researchers at Unison, the UK’s largest trade union, who polled just over 44,000 women working across the public sector, found three in ten working in hospitals, schools, care homes, town halls, police stations and other key services had pleas to work flexibly denied. Some women said employers told them to leave their job or use annual leave if they want to work flexibly, while others report their requests were immediately blocked on the same day they were put in. More from the Independent:
https://www.independent.co.uk/news/uk/home-news/flexible-working-requests-rejected-women-b2496253.html
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9. Just in Case you Missed It...
NEW YEAR, NEW LAW - Working Time Regulations
Seamus McGranaghan from O'Reilly Stewart Solicitors provides an overview of the Working Time (Amendment) Regulations (Northern Ireland) 2023 which came into effect on 1st of January 2024 to ensure EU-derived rights relating to annual leave and employment pay were maintained outlines steps employers need to take:
https://www.legal-island.com/articles/uk/features/discussion/2024/february/new-year-new-law---working-time-regulations/
Social Media Stresses
In this piece, Seamus McGranaghan provides an overview of recent case law related to social media. In Christine's words "It's the unwanted gift that just keeps on giving!" You can catch up here:
https://www.legal-island.com/articles/uk/features/discussion/2024/february/social-media-stresses/
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10. HR Developments
Refusing requests to work remotely in a hybrid workplace
Increasing office attendance remains high on the agenda for many employers, but upcoming changes to the UK flexible working regime could prompt more requests to work from home. A recent Employment Tribunal judgment provides employers with some comfort that, if handled correctly, they can refuse requests to work entirely remotely, especially from employees in managerial positions where a degree of in-person time may be needed. Ius Laboris has more here:
https://iuslaboris.com/insights/refusing-requests-to-work-remotely-in-a-hybrid-workplace/
How to tell if a prospective workplace is toxic
In a recent FlexJobs survey of 2,600 American workers, 42% of respondents said they were seriously considering quitting their jobs, and 20% said they had quit recently. A toxic workplace culture was the number-three reason workers gave for wanting to quit. This article from Harvard Business Review lists 3 red flags:
https://hbr.org/2024/01/how-to-tell-if-a-prospective-workplace-is-toxic
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11. Employment News in the Media
A university which conducted a racist selection process when it refused to re-appoint an Indian lecturer to a job she had been doing for five years and recruited an inexperienced white candidate instead has been ordered to pay her at least £450,000 in damages. The Portsmouth News has more on this:
https://www.portsmouth.co.uk/news/people/university-of-portsmouth-told-to-pay-lecturer-ps450000-for-racist-selection-process-4511546
Aussies have been warned the new 'right to disconnect' law could leave them with fewer rights and end perks like leaving work early to pick up children or see a GP. Bosses could soon be fined for contacting their employees outside of normal work hours in a move that has sparked outrage among some business advocates. The law, which is expected to pass through the Senate this week, is designed to make life easier for employees, but could put them on a collision course with bosses. The Daily Mail has more:
https://www.dailymail.co.uk/news/article-13072841/Right-disconnect-laws-fewer-rights-Australia.html
A solicitor has succeeded in her claims of sex discrimination, victimisation and unfair dismissal against her former employer after she was paid less than a male colleague for five years. Shipping solicitor Helena Biggs was awarded £158,860.41 after she claimed she suffered a “campaign of victimisation" after raising her unequal pay, including being described as “pushy” and “overly dominant” by male colleagues. People Management has more:
https://www.peoplemanagement.co.uk/article/1860933/solicitor-paid-less-male-colleague-five-years-gets-159k-sacked-when-she-complained
A former Waltham Forest Council employee who falsely claimed she was a senior officer to help her brother get a job faces court costs of more than £1,200. In Olayemi Labaeka wrote a reference letter to recruitment agency Home Group claiming that she was “head of accomodation” at Waltham Forest Council to help her brother Abdul Toyin Ogun’s application. In reality, Labeaka was an officer on the councils anti-social behaviour team. More from the Waltham Forest Echo:
https://walthamforestecho.co.uk/2024/02/07/former-council-worker-lied-about-job-role-to-boost-brothers-employment-prospects/
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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.
Jobs, pay and prospects all at risk unless Chancellor acts at Budget, small firms warn
The UK’s largest business group has written to Jeremy Hunt ahead of the next Spring Budget, calling for it to include measures to sustain jobs and hours by increasing the Employment Allowance which would make creating and retaining jobs more affordable, and to free more businesses to grow by raising the VAT threshold. More from the FSB:
https://www.fsb.org.uk/resources-page/jobs-pay-and-prospects-all-at-risk-unless-chancellor-acts-at-budget-small-firms-warn.html
Does the civil service really have a growing problem with long-term sickness?
Some departments are making progress, but the annual number of days lost is up by 23.6% over eight years. More from Civil Service World:
https://www.civilserviceworld.com/in-depth/article/does-the-civil-service-have-a-growing-problem-with-longterm-sickness
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13. Health and Safety Developments
Nearly 30% of organisations don’t report psychosocial risks to C-Suite
Ashurst's inaugural global survey, Psychosocial and Psychological Risks in the Workplace 2023, reveals eight findings on how organisations are managing psychosocial risks in the workplace. The report found that while there is a rising awareness of how psychological health can impact workers, many employers are still struggling to manage the issue:
https://www.ashurst.com/en/insights/psychosocial-risks-in-the-workplace-report/
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14. Friends of Legal Island
Lewis Silkin: Social Mobility Week
One of the ways Lewis Silkin are helping improve social mobility - in the legal industry and beyond - is through the Ellen & Nikki scholarship scheme, which helps budding law students overcome some of the financial barriers to studying at university. Congratulations Esther and Ismall! You can read more about this initiative here:
https://www.lewissilkin.com/en/news/lewis-silkin-social-mobility-week-meet-our-scholarship-winners
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15. Free Webinars this month
Employment Law at 11 - With O'Reilly Stewart Solicitors
The First Friday of every month (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/1179436662901327190?source=WR
Check out previous discussions:
https://www.legal-island.com/resources/any-questions-webinars/
Enjoy the weekend.
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