We realised Banksy’s work is actually a lot like the corporate world. Think about it. Banksy is anonymous, right? Just like that guy who steals everyone’s lunch from the office fridge. No one knows who he is, but everyone’s talking about him!
This week's top 5:
- 'Acting your wage’ – 11 workplace buzzwords you need to know
- Northern Ireland Labour Market Statistics
- Gen Z and millennials driving demand for health and wellbeing policies
- A-level results: employers say soft skills are of more value
- Half of UK workers quit new jobs over unmet expectations
And in other news...............register for our FREE WEBINAR with Lewis Silkin - the latest on Comparative Employment Law across NI, GB and ROI - REGISTER HERE!
- Case Law Reviews
- AI and Employment Law
- Pay & Benefits
- Stats & Trends
- Pret A Manger implements body-worn cameras to protect staff from rising violence
- Over 50s recruitment drive launched by easyJet
- A-level results: employers say soft skills are of more value
- 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
Augustine v Data Cars Limited [2024] EAT 117
Summary Description: Part-time worker was treated less favourably by having to pay a flat rate fee, the same as full-time workers to gain access to the system to obtain bookings.
Claimant: W Augustine
Respondent: Data Cars Limited
Keywords: Employment Status; Part-Time Worker
Practical Guidance for Employers:
This decision outlines how part-time workers who may be required to pay a fee are needed to ensure they are not disadvantaged compared to their full-time colleagues. This was clearly put through the focus on whether it would lead to a lower hourly rate of pay when comparing the part-time worker to the full-time worker. Employers should be mindful of this when there is a requirement for some payment from the workers, as it was here to access the system to obtain bookings.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/august/augustine-v-data-cars-limited-2024/
Kolev v Middlesex University [2023] EAT 173
Summary Description: Decision to strike out was overturned on the basis that no evidence was considered, and it was not within one of the acceptable grounds within the Tribunal Rules.
Claimant: Dr Gueorgui Kolev
Respondent: Middlesex University
Keywords: Sex Discrimination; Tribunal Procedure
Practical Guidance for Employers:
This case provides a procedural lesson largely for the Tribunal rather than the parties. That said, the parties should be aware of it to ensure that they are not met with additional time and expense which could occur by going through an appeal. When there is an application for strike out it is right and proper to allow for evidence to be considered rather than making the decision summarily and that it should fall within one of the acceptable categories rather than being made on a whim.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/august/kolev-v-middlesex-university-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
Target employees hate its new AI chatbot
Target CIO Brett Craig enthused in a press release that “transformative GenAI Technology" would arrive in all of the company’s nearly 2,000 stores by August. “Help AI,” would be a sort of “store process expert and coach,” helping new team members learn on the job. It would also “answer on-the-job process questions, coach new team members, support store operations management and allow teams to “work more quickly and efficiently.” But that hasn’t proven to be the case. Target employees told Forbes that “Help AI” struggles to provide decent answers, is frustrating to use and is more distraction than anything else:
https://www.forbes.com/sites/cyrusfarivar/2024/07/23/target-employees-hate-its-new-ai-chatbot/
Barry Phillips examines the significance of two surveys this week about the adoption of ChatGPT in the workplace
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3. Pay & Benefits
Government can bolster labour market & boost economy by £2.65 with employee health tax incentives - CBI analysis
The CBI has published new analysis that shows the Government can ease labour market pressures and boost the economy by £2.65 billion over the next four years through action on tax incentives for employee health support. Ahead of the upcoming Autumn Budget, the CBI is calling on the Government to make Employee Assistance Programmes (EAPs) fully tax-free benefits, making it easier for employers to offer mental health support to their staff. CBI analysis shows that this measure alone could boost productivity and generate £10 for the economy, for every £1 spent on the policy by the Exchequer:
https://www.cbi.org.uk/media-centre/articles/government-can-bolster-labour-market-boost-economy-by-265-with-employee-health-tax-incentives-cbi-analysis/
CEO pay increased to a record high level in 2023
According to the study by the High Pay Centre, median pay for a FTSE 100 CEO increased from £4.1 million in 2022 to £4.19 million in 2022. The median FTSE 100 CEO is now paid 120 times more than the median UK full-time worker. This ratio peaked at 124:1 in 2022 but is still a much larger ratio than the 108:1 that was calculated in 2021. You can read more on this from Personnel Today:
https://www.personneltoday.com/hr/ceo-pay-increased-to-a-record-high-level-in-2023/
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4. Stats & Trends
Northern Ireland Labour Market Statistics
The labour market statistics published by the Northern Ireland Statistics & Research Agency show:
The number of employees receiving pay through HMRC PAYE in NI in July 2024 was 807,700, an increase of 0.1% over the month and 2.3% over the year
NI employees had a median monthly pay of £2,249 in July 2024, a decrease of £82 (3.5%) over the month and an increase of £164 (7.9%) over the year
40 redundancies occurred in July 2024. Over the year August 2023 to July 2024, 2,550 redundancies were confirmed, which was almost double the figure for the previous year (1,340)
You can view the full details here:
https://www.economy-ni.gov.uk/news/northern-ireland-labour-market-statistics-5
ILO Report on Global Employment Trends for Youth
The 2024 edition of the Global Employment Trends for Youth (GET for Youth), prepared by the International Labour Organisation, presents the latest available global and regional youth labour market indicators. Key findings include:
13% - global youth unemployment rate in 2023, lowest rate in 15 years
20% - share of youth not in employment, education or training (NEET) in 2023
2 in 3 young NEETs globally are women
You can view the full report here:
https://www.ilo.org/publications/major-publications/global-employment-trends-youth-2024
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5. Pret A Manger implements body-worn cameras to protect staff from rising violence
In response to the alarming increase in shoplifting and violence against retail workers, Pret A Manger has introduced body-worn cameras for its staff as part of a broader initiative to enhance security. The British Retail Consortium (BRC) reports that incidents of violence and abuse towards retail staff have surged by 50% over the past year, with an alarming 1,300 cases occurring daily. The Retail Bulletin has more on this:
https://www.theretailbulletin.com/food-and-drink/pret-a-manger-implements-body-worn-cameras-to-protect-staff-from-rising-violence-11-08-2024/
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6. Over 50s recruitment drive launched by easyJet
European LCC easyJet is launching a new recruitment drive for cabin crew with more over 50s, careers changers and those looking to ‘unretire’ among those being encouraged to apply. The airline has launched a new initiative dubbed ‘Returnships’, after new research showed that three quarters of over 50’s (74%) agreed that this was the perfect time for a new career and 67% have considered returning to work. You can read more from Aviation Business News here:
https://www.aviationbusinessnews.com/low-cost/
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7. A-level results: employers say soft skills are of more value
As students across the UK receive their A-level and Btec results, new research has found more than two-thirds of employers (67%) say soft skills are more important than educational qualifications in hiring. The survey, by hiring platform Indeed, found that although 58% of employers say they often look at A-level/Btec results when screening candidates and 53% agree they are important beyond just entry-level roles, only 15% of workers and employers surveyed believe their A-level results helped them secure their job. More from Personnel Today:
https://www.personneltoday.com/hr/a-level-results-employers-say-soft-skills-are-of-more-value/
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8. Just in Case You Missed It...
First Tuesday
Do employers have to record and track when holiday has been accrued and/or taken?
https://www.legal-island.com/articles/uk/features/q-and-a/2024/august/3.do-employers-have-to-record-and-track-when-holiday-has-been-accrued-andor-taken/
What restrictions are there on working time for young workers in NI?
https://www.legal-island.com/articles/uk/features/q-and-a/2024/august/2.what-restrictions-are-there-on-working-time-for-young-workers-in-ni/
Am I legally required to share tips with staff?
https://www.legal-island.com/articles/uk/features/q-and-a/2024/august/1.am-i-legally-required-to-share-tips-with-staff/
Understanding Sick Leave: What It Is and How to Manage a Successful Return to Work
Lisa Morrison of AAB has the answers............
https://www.legal-island.com/articles/uk/features/hr/2024/august/understanding-sick-leave-what-it-is-and-how-to-manage-a-successful-return-to-work/
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9. HR Developments
Heart risks almost 100% higher for stressed office workers
The risk of developing a serious heart problem can be doubled by having a demanding office-based job, according to new research. Those who felt stress in their roles, often including feeling undervalued, were found to be 97% more likely to develop atrial fibrillation, a condition that causes heart palpitations and can lead to a stroke. More:
https://www.personneltoday.com/hr/heart-risks-almost-100-higher-for-stressed-office-workers/
Half of UK workers quit new jobs over unmet expectations
In a survey by Robert Walters, 53% of workers admitted leaving a job within the first six months because of “shift shock” – a belief that the position is completely different to how it was advertised when they applied. According to the recruitment specialist, shift shock has become more common in the past two years despite the challenging economic climate, with its latest findings suggesting that a large number of employees are prepared to quit if a position doesn’t meet their standards. The study also showed a similar percentage (52%) blamed an issue with management for leaving a post within the first six months, while a toxic workplace culture was the reason one in five (20%) had done so. Personnel Today has more on this:
https://www.personneltoday.com/hr/half-of-uk-workers-quit-new-jobs-over-unmet-expectations/
‘Acting your wage’ – 11 workplace buzzwords you need to know
New research has revealed 11 new, trending expressions that are set to impact the workplace in 2024 and beyond. Following the trends of ‘quiet quitting’ and ‘The Great Resignation’, thousands of Reddit and TikTok conversations were studied to identify patterns feeding workplace behaviours, with 11 brand-new expressions being uncovered and explained in this article from HR Director:
https://www.thehrdirector.com/business-news/the-workplace/ghost-jobs-acting-wage-11-viral-workplace-buzzwords-need-know/
Gen Z and millennials driving demand for health and wellbeing policies, survey finds
Employees aged 18 to 34 are driving demand for more health support at work, a study has found, with 78 per cent saying having health cover is what attracts them to stay at their company. According to findings from two surveys conducted by Simplyhealth between May and June 2024, two thirds (64 per cent) of the younger demographic went so far as to recognise it as their most valuable benefit, while less than half (46 per cent) of those aged over 55 did so. People Management has more on this:
https://www.peoplemanagement.co.uk/article/1884620/gen-z-millennials-driving-demand-health-wellbeing-policies-survey-finds
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10. Employment News in the Media
A police and crime commissioner has ordered a "full review" after an employment judge ruled three white officers were passed over for promotion because of their race. The Thames Valley Police officers won a discrimination claim when - in an attempt to improve the diversity of senior staff - a tribunal heard how an "Asian" sergeant was promoted to the rank of detective inspector without a competitive process being held. More:
https://www.bbc.co.uk/news/articles/ce81yxxkde5o
The Christian Horner sexual misconduct and controlling behaviour appeal by an ex-employee is dismissed by Red Bull, meaning the Formula 1 team principal can try to put the drama behind him but what exactly does it mean moving forwards? Claims sprung up on the eve of the 2024 season at the Bahrain Grand Prix and were officially confirmed by Red Bull GmbH who opened an investigation into the matter via an independent lawyer. An ex-employee alleged the team principal had been controlling and coercive to her as well as other claims that amounted to sexual misconduct on the man married to Geri Halliwell’s part. Total Motorsport has more:
https://www.total-motorsport.com/f1-christian-horner-appeal-dismissed-what-mean-red-bull/
The “evasive and contrived” owner of the world-renowned Cambridge Shakespeare Festival can no longer hire performers on a weekly volunteer rate of £50, an employment tribunal has ruled. Judge Louise Brown said Dr David Crilly’s “high degree of control” of performers while they worked long hours six days a week meant that they are entitled to worker rights such as the national minimum wage. More from the Morning Star:
https://morningstaronline.co.uk/article/contrived-cambridge-shakespeare-festival-boss-emerges-real-shylock
An economist for the Environmental Protection Agency in the USA may proceed with his lawsuit alleging that the company failed to accommodate his severe allergies, which were exacerbated by a co-worker who wore heavy perfume. The employee initially requested a private office or small conference room to address the issue but the EPA allegedly countered with an offer of fully remote work, which the plaintiff rejected. Now a jury must resolve the question of whether the proposed telework accommodation was reasonable and whether EPA fulfilled its duty to engage in discussions with the employee about a proper accommodation. More from HR Dive:
https://www.hrdive.com/news/epa-staffer-allergic-heavy-perfume-accommodation-suit/724022
The workforce at Glen Dimplex will commence the first phase of industrial action including a work-to-rule from 00.01am on Friday 16 August. The industrial dispute is a result of plans by Glen Dimplex’s management to offshore work to Lithuania which will lead to redundancies and the potential closure of the site in Portadown. More from Unite:
https://www.unitetheunion.org/news-events/news/2024/august/glen-dimplex-workers-in-portadown-to-begin-industrial-action
Three white police officers have won a discrimination claim after an employment judge ruled they were passed over for promotion because of their race. In an attempt to improve the diversity of its senior staff, a Thames Valley Police superintendent was told to “make it happen” by appointing an “Asian” sergeant to the rank of detective inspector, despite having been warned about the legal risks of not holding a competitive process. More from the Standard:
https://www.standard.co.uk/news/crime/thames-valley-police-aylesbury-buckinghamshire-oxfordshire-berkshire-b1176109.html
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11. 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.
Rayner meets businesses and unions on workers' rights
Deputy Prime Minister Angela Rayner and Business Secretary Jonathan Reynolds have hosted a meeting with business representatives and trade unions to discuss the government's plan for workers' right. The government says its Employment Rights Bill would ban the "exploitative" use of zero-hours contracts and end "fire and rehire" practices. Unions have largely welcomed the proposals, but some business groups have expressed reservations. More from the BBC:
https://www.bbc.co.uk/news/articles/cpw8d1818x8o
New legislation and workplace defibrillators – what are the consequences for Guardians?
New legislation comes live in approximately 5 weeks in England and Wales which means all companies that hold workplace AEDs and rely on company staff to undertake inhouse statutory equipment maintenance, may now be affected. This article from HR Director outlines the potential consequences of the legislation, if companies continue to retain these compliances in-house:
https://www.thehrdirector.com/business-news/health-and-wellbeing/new-legislation-workplace-defibrillators-consequences-guardians/
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12. Friends of Legal Island
CIPD Awards in Northern Ireland
The CIPD Awards in Northern Ireland are the most prestigious and highly regarded awards for the HR profession in Northern Ireland. Entries open on Monday 2 September 2024 and you can find out more here: https://cipdniawards.co.uk/
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13. Free Webinars This Month
Comparative Law Webinar with Lewis Silkin LLP
Thurs 19th Sept, 11am - 11.45am
The next webinar in our comparative law webinar series in association with Lewis Silkin LLP.
This webinar will coincide with the launch of the updated Comparative Law table.
Register for free: https://attendee.gotowebinar.com/register/2564054959976973149?source=Round+Up
Check out previous discussions: https://www.legal-island.com/resources/any-questions-webinars/
Enjoy the weekend.
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