With International HR Day this coming Monday 20th, your challenge this weekend is to hug an HR person...make sure it's consensual though. No-one wants a grievance................
This week's top 5:
- Mental Health Awareness Week
- Law in force to end religious discrimination in NI teaching
- Employee data breaches up 41%
- Recruitment competition opens for non-legal members of Tribunals
- £160,000 settlement in NI disability discrimination case
And in other news............... Employment Law at 11 Special – Horizon Scanning with special guest Mark McAllister. Join Seamus, Christine and Mark on Friday 21st June for this FREE webinar - Mark will be dusting off his crystal ball to cut through the rumours and give insights on what to expect from Stormont. Register HERE!
- Case Law Reviews
- AI and Employment Law
- Mental Health Awareness Week
- Economy & Jobs
- Discrimination & Equality
- Cyber security
- Junior Ministers welcome introduction of free period products
- School bus drivers to strike for 5 days
- 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 ⚓︎
Barbrook v New City College Limited [2024] Case No: 3203925/2021
Summary Description: Unfair dismissal successful on procedural grounds where the decision maker took a ‘blinkered approach’ and did not take into account anything other than the oral submissions at the disciplinary meeting.
Claimant: Michael Barbrook
Respondent: New City College Limited
Keywords: Unfair Dismissal; Gross Misconduct
Practical Guidance for Employers:
Another case which demonstrates the importance in ensuring the process is fair and reasonable. The Tribunal held that the substantive decision was genuinely believed and was within the band of reasonable responses albeit only just. However, on the procedure it was found that the approach adopted by the decision maker made the process unfair due to the failing to take into account other evidence or consider evidence that may have been in the claimant’s favour. This ‘blinkered approach’ must not smear the overall process when it comes to disciplinary action. Having proper policy on process and training to complement it will be advantageous for an employer.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/may/barbrook-v-new-city-college-limited-2024/
Groom v Maritime and Coastguard Agency [2024] EAT 71
Summary Description: A volunteer was found to be a worker as a result of the contract between the parties and the provision of personal service.
Claimant: Martin Groom
Respondent: Maritime and Coastguard Agency
Keywords: Employment Status; Volunteer
Practical Guidance for Employers:
An interesting case relating to the status of volunteers. Many of us would see a volunteer as someone who does not fall within the categories of employment or worker yet the EAT is making it clear that the term does not instantly lead to that conclusion. Instead, the particular requirements of employment/worker status need to be examined. Where there is a right to remuneration that will point towards a contract and it will then be based upon the provision of personal service and mutuality of obligations in determining the status and the rights flowing therefrom.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/may/groom-v-maritime-and-coastguard-agency-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 ⚓︎
ChatGPT 4o - The most under rated, under noticed seismic AI announcement in history
Barry Phillips, argues that this week’s announcement from OpenAI giving everyone free access to the greatest AI tool yet developed is a complete game changer for every organisation.
OpenAI’s ChatGPT Launches ‘GPT-4o,’ Desktop App
OpenAI announced major improvements to its flagship chatbot, ChatGPT, including improvements to voice, text and vision capabilities that would make “faster” services available to all users, and a new desktop app. Mira Murati, OpenAI’s chief technology officer and (very briefly) former CEO, during a video briefing said the company’s latest large language model, GPT-4o, would let developers and other users utilize real-time conversational speech, text, video, and audio. While use limits will still separate the company’s enterprise offerings, all users will have access to the new model’s capabilities, Murati said. More from Information Week:
https://www.informationweek.com/machine-learning-ai/openai-s-chatgpt-launches-gpt-4o-desktop-app#close-modal
Employers beware of the widening employee experience perception gap
Discover the growing disparity between employer and employee perceptions of the workplace experience and the rising demand for AI integration in HR. With the amount of time spent on admin being the biggest frustration among HR and Reward professionals, 41% believe that their teams should be doing more with AI. They point to a series of benefits they expect a greater use of AI to deliver, including freeing up time to focus on more strategic work (49%) and helping to alleviate job-related stress (39%). More from HR Director:
https://www.thehrdirector.com/business-news/employee-engagement/employers-beware-widenong-employee-experience-perception-gap/
‘Fortune favours the bold’: AI dominates Microsoft Work Trend Index 2024
Microsoft and LinkedIn have published the 2024 Work Trend Index, with the topic of AI dominating discourse. The report highlighted growing fears that the continued deployment of AI technology in the workforce will result in job losses, as well as expose employers who lack the vision to successfully roll out a company-wide AI plan. Amid fears of a shortage of talent in key roles and a failure to incorporate AI on a broad scale, new trends have emerged, with employees keeping their use of AI “under wraps” as they struggle “under the pace and volume of work”.
Figures show that 78pc of AI users in larger companies and 80pc in SMEs bring their own AI to work (BYOAI), with 52pc of people saying they use the technology to assist with their most important tasks. The report warns that this BYOAI approach and using AI tech in secret could weaken a company’s cybersecurity, at top priority for leaders. Silicon Republic has more:
https://www.siliconrepublic.com/careers/ai-microsoft-linkedin-trends-report
Why HR's partnership with IT is mission critical for AI adoption
As AI revolutionizes HR, partnering with IT is vital for mitigating risks, ensuring governance, and driving adoption of transformative new technologies. More from HRD Connect:
https://www.hrdconnect.com/2024/05/10/why-hrs-partnership-with-it-is-mission-critical-for-ai-adoption/
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3. Mental Health Awareness Week ⚓︎
Why mental wellbeing at work needs a reboot
Mental Health Awareness Week shines a crucial spotlight on the unseen struggles many employees face. According to recent research by BHN, a staggering 74% of Gen Z and 69% of Millennials are dissatisfied with current mental health offerings at work. Expectations are increasing that businesses should take on a more holistic approach that helps all areas of employee wellbeing – including financial anxiety. More from HRD Connect:
https://www.hrdconnect.com/2024/05/15/behind-the-facade-why-mental-wellbeing-at-work-needs-a-reboot/
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4. Economy & Jobs ⚓︎
Latest ONS Figures
Employment rate – 74.5% - 0.8pp down on previous year
Unemployment rate – 4.2% - up 0.3pp on previous year
More here:
https://www.ons.gov.uk/
UK unemployment ticks up as job vacancies shrink
The UK's unemployment rate has risen again and vacancies are shrinking, according to figures which suggest the country's job market is cooling. The Office for National Statistics (ONS) said the UK's jobless rate increased to 4.3% between January and March, up from 4.2%. The number of vacancies also continued to slow meaning more unemployed people are competing for the same jobs. The BBC has more here:
https://www.bbc.co.uk/news/business-69002609
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5. Discrimination & Equality ⚓︎
£160,000 settlement in disability discrimination case
A sales advisor has settled his disability discrimination case against his former employer, Telefonica Ltd, for £160,000. The case was supported by the Equality Commission for Northern Ireland. Eamon Bowen worked in an O2 store for a number of years. In 2014, he was diagnosed with Spondylolisthesis, a degenerative disc disease which causes him chronic pain, exhaustion, sleep and mobility issues. He made repeated efforts to discuss Occupational Health’s recommendations with his employer. In the end he felt he had no option but to submit his resignation and left his job in November 2021. Read more:
https://www.equalityni.org/Footer-Links/News/Individuals/%C2%A3160,000-settlement-in-disability-discrimination-c
And let's see how other's in NI are fairing..............
A Respect Index for Northern Ireland (as measured by the Everyday Discrimination Scale): 2016 – 2023
This report presents data on the Respect Index, which measures perceptions of discrimination experienced by individuals in their daily lives. This report brings together data from eight years: 2016 - 2023. Key findings are:
- 20% (of NILT 2023 survey respondents) felt respected; this is a significant decrease (of 8 percentage points) since 2016.
- The same proportion of male and female respondents (20%) felt respected.
- There were no statistically significant differences between Protestant (22%), Catholic (20%) or ‘Other’ (18%) respondents feeling respected.
- The age group with the lowest proportion feeling respected was the 18-24 age group (7%); the age group with the highest proportion feeling respected was the 65+ age group (35%) which was significantly higher than all other age groups.
- 17% of respondents with disabilities and 21% of those without disabilities felt respected. This difference was not statistically significant.
Law comes into force to end religious discrimination in NI teaching workforce
The teaching profession in Northern Ireland will no longer be able to discriminate on religious grounds when a new law comes into force this week. Until now teachers had been exempt from fair employment legislation, meaning a teacher could be employed by a school based on religion. On May 12, the law finally came into operation, meaning it will finally be unlawful to discriminate against teachers in respect of all aspects of the employment, including recruitment and selection for promotion. The Belfast Telegraph has more on this story:
https://www.belfasttelegraph.co.uk/news/education/law-comes-into-force-to-end-religious-discrimination-in-ni-teaching-workforce/a1264009930.html
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6. Cyber security ⚓︎
Employee data breaches up 41%
According to the Information Commissioner’s Office there were 3,208 reports involving the security of employee data last year, up from 2,279 in 2022 and the highest number of incidents reported since the ICO began publishing this data in 2019. Data breaches of this type represented 28% of all incidents reported to the information security watchdog in 2023. Several high-profile employers experienced employee data leaks in 2023, including Capita, the Police Service of Northern Ireland and Greater Manchester Police, Personnel Today reports:
https://www.personneltoday.com/hr/employee-data-breaches-up-information-commissioners-office/
MoD contractor hacked by China failed to report breach for months
The IT company targeted in a Chinese hack that accessed the data of hundreds of thousands of Ministry of Defence staff failed to report the breach for months. The UK defence secretary, Grant Shapps, told MPs on Tuesday that Shared Services Connected Ltd (SSCL) had been breached by a malign actor and “state involvement” could not be ruled out. Shapps said the payroll records of about 270,000 current and former military personnel, including their home addresses, had been accessed. China has not been openly named by the government as the culprit. More on this from the Guardian:
https://www.theguardian.com/technology/article/2024/may/10/mod-contractor-hacked-china-failed-report-breach-months#:~:text=The%20IT%20company%20targeted%20in,months%2C%20the%20Guardian%20can%20reveal
ICO: Organisations must do more to combat the growing threat of cyber attacks
The ICO is calling for all organisations to boost their cyber security and protect the personal information they hold, amid the growing threat of cyber attacks. Trend data reveals more organisations than ever are experiencing cyber security breaches that put people’s personal information at risk. Over 3,000 cyber breaches were reported to the ICO in 2023, with the finance (22%), retail (18%) and education (11%) sectors reporting the most incidents:
https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2024/05/organisations-must-do-more-to-combat-the-growing-threat-of-cyber-attacks/
Northern Ireland Data Protection Update 2024
Want to limit and eliminate data protection issues in your organisation? Legal Island's annual Northern Ireland Data Protection Update in association with Pinsent Masons is specifically designed to provide you with a comprehensive overview of the data protection issues that matter to HR professionals and employers in Northern Ireland. More info here:
https://www.legal-island.com/event/northern-ireland-data-protection-update-2024/
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7. Junior Ministers welcome introduction of free period products ⚓︎
The Period Product (Free Provision) Act (Northern Ireland) 2022 to provide free period products to anyone who needs them has come into operation. Junior Ministers Pam Cameron and Aisling Reilly welcomed the implementation of section 1 of the Period Products (Free Provision) Act (Northern Ireland) 2022, which provides that period products will be made available free of charge. The Executive Office has engaged with Libraries NI to be a delivery partner for distribution of free period products through its network of public libraries:
https://www.executiveoffice-ni.gov.uk/news/junior-ministers-welcome-introduction-free-period-products
Information on where to obtain free period products can be found at indirect:
https://www.nidirect.gov.uk/articles/free-period-products
The Department for the Economy has published guidance for public bodies:
https://www.economy-ni.gov.uk/publications/period-products-free-provision-act-ni-2022-guidance-specified-public-service-bodies
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8. School bus drivers to strike for 5 days ⚓︎
School bus drivers in Northern Ireland who are members of the Nipsa union will strike for five days across May and June. School bus drivers in Nipsa will strike from the 20 to 22 May, and on the 3 and 4 of June. The union is taking the action over pay and grading. More from the BBC:
https://www.bbc.co.uk/news/articles/ckmjj4mjjmgo
How should employers approach industrial action?
People Management outlines companies’ legal obligations when it comes to strikes, and what they can do to maintain productivity and staff morale in this article:
https://www.peoplemanagement.co.uk/article/1872392/employers-approach-industrial-action
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9. Just in Case You Missed It... ⚓︎
Sexual Harassment in the Workplace
Claire Webb of the LRA, one of the authors of the new LRA Guidance " Eliminating Sexual Harassment from the Modern Workplace" discusses the implications with Seamus McGranaghan of O'Reilly Stewart Solicitors and Christine Quinn of Legal Island here:
https://www.legal-island.com/articles/uk/features/discussion/2024/may/sexual-harassment-in-the-workplace/
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10. HR Developments ⚓︎
Why HR leaders must spearhead a cultural revolution in female health
Did you know that about three-quarters of people, regardless of gender, believe menopause could impact career progression into senior roles? And that almost a quarter of women in tech experiencing menopausal symptoms have delayed or cancelled promotion plans
https://www.hrdconnect.com/2024/05/16/why-hr-leaders-must-spearhead-a-cultural-revolution-in-female-health/
What to do when your employee artificially manufactures a constructive dismissal situation
One of the common ways in which employees try to resign without giving notice is by purporting they have been "constructively dismissed". So what options are available to an employer who finds themselves in this situation, believes an employee has contrived their "constructive dismissal", and wishes to defend their position? Mischon de Reya has more on this:
https://www.mishcon.com/news/employee-competition-what-to-do-when-your-employee-artificially-manufactures-a-constructive-dismissal-situation
Balance and belief: how should HR manage the gender critical debate?
On and off social media platforms, the debate on sex and gender has become polarised. Given the recent rise in tribunal decisions pertaining to these issues, what are the challenges for HR and how should employers respond? More from Personnel Today:
https://www.personneltoday.com/hr/belief-discrimination-gender-critical-debate/
What is the ‘Big Stay’? New trend has replaced the ‘Great Resignation’ amid falling staff turnover, says CIPD
With vacancies expected to decline, experts claim workers are adopting a ‘better the devil you know’ mindset post Covid. More from People Management:
https://www.peoplemanagement.co.uk/article/1872435/big-stay-new-trend-replaced-great-resignation-amid-falling-staff-turnover-says-cipd
Employers plan to maintain staff levels rather than recruit
The CIPD’s spring 2024 labour market outlook, which is based on a survey of more than 2,000 employers, found that 55% wanted to keep headcount as it is over the next three months, the highest proportion since winter 2016/17. Thirty per cent wanted to increase employee numbers, down from 37% a year ago, while 11% wished to reduce headcount. Nineteen per cent were planning to make redundancies, similar to the proportion who said the same in 2023. More from Personnel Today:
https://www.personneltoday.com/hr/cipd-labour-market-outlook-spring-2024/
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11. Employment News in the Media ⚓︎
Police Scotland shell out almost £500k after female officer was sexually assaulted in station. The force’s deputy chief constable said misogyny, sexism and discrimination of any kind was utterly unacceptable and he would meet Gemma MacRae to apologise for her treatment. Read more:
https://www.scottishdailyexpress.co.uk/news/scottish-news/police-scotland-shell-out-almost-32779438
BT's decision to close its Enniskillen call centre is "devastating", the economy minister has said. About 300 people were employed at the County Fermanagh site providing support to EE mobile phone customers. They had previously been offered voluntary redundancy as the future of the site was reviewed. More from the BBC:
https://www.bbc.co.uk/news/uk-northern-ireland-69011455
Hertfordshire County Council has been ordered to pay a social worker over £20,000 after it gave her a “poor reference” which saw a job offer withdrawn. Elaine Williams was working with HCC as a locum social worker in June 2022 when she raised concerns over allegedly neglectful treatment of two foster children. She handed in her notice on the same day as she visited the family, but three weeks later, HCC said she had escalated her concerns after only one visit “without consulting with management and following procedure” in a critical job reference to a prospective employer. In a majority verdict, the tribunal judge and two members found “the reference was the reason for employment being withdrawn” but had not been motivated by malice. More from the Welwyn Hatfield Times:
https://www.whtimes.co.uk/news/24317113.herts-county-council-pay-20k-poor-reference/
Workers for some suppliers of Chinese fast fashion giant Shein are still working 75 hours a week, despite the company promising to improve conditions, a report suggests. A new investigation by Swiss advocacy group Public Eye has followed up on its 2021 report, external, which found a number of staff across six sites in Guangzhou were doing excessive overtime. More from the BBC:
https://www.bbc.co.uk/news/articles/cg67w73nxqxo#:~:text=Shein%20suppliers%20still%20work%2075%2Dhour%20weeks%20%2D%20report&text=Workers%20for%20some%20suppliers%20of,improve%20conditions%2C%20a%20report%20suggests
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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.
Border Force anti-strike law: PCS gets go-ahead for legal challenge
The PCS union has been granted permission to pursue a judicial review of anti-strike legislation in the Border Force. The Strikes (Minimum Service Levels) Act 2023, which passed into law last July, gives some employers new powers to impose minimum service levels when workers lawfully vote to strike. Regulations came into force in December enabling these employers to compel specific staff to work during strike action. Staff who do not comply can be sacked. But the union, represented by the Trade Union Law Group at Thompsons Solicitors, is arguing that the law infringes Article 11 of the European Convention on Human Rights, which safeguards the right to form trade unions and take industrial action. More from Civil Service World:
https://www.civilserviceworld.com/professions/article/pcs-union-judicial-review-minimum-service-legels-anti-strike-law
Civil Service diversity jobs will be scrapped
Civil Service diversity jobs will be banned in a new crackdown on Whitehall “woke” spending, The Telegraph can reveal. In a radical overhaul aimed at ending the “back-door politicisation” of the Civil Service, mandarins will be ordered not to hire any new staff dedicated to boosting diversity, equality and inclusion (DEI). Managers will be forbidden from hiring third-party DEI contractors, and officials whose jobs are currently focussed solely on diversity will be transferred into human resources teams and given broader remits. More from the Telegraph:
https://www.telegraph.co.uk/politics/2024/05/11/civil-service-diversity-jobs-will-be-scrapped/#:~:text=Under%20the%20plans%2C%20there%20will,teams%20and%20given%20broader%20remits
New rules require 180,000 on Universal Credit to increase working hours
Before 2022, someone could work only nine hours a week and remain on benefits without being expected to look for more work. The latest rise in the Administrative Earnings Threshold (AET) means someone working less than 18 hours – half of a full-time week – will have to look for more work. These Universal Credit claimants will move into the ‘Intensive Work Search group’, meeting with their work coaches more regularly to plan their job progression, boost their earnings and advance the journey off welfare altogether. More here:
https://www.gov.uk/government/news/new-rules-require-180000-on-universal-credit-to-increase-working-hours
Home working by parents has helped contribute to an ‘unacceptable’ rise in pupils skipping school on Fridays
According to Gillian Keegan 50,000 more pupils in GB were absent at the end of the week compared with Mondays, with schools facing “major challenges” as parents pull their children out of class for holidays and long weekends. She said government figures have shown that school absences jump by 20% on Fridays while unauthorised holidays are up 25% on pre-Covid levels. About 1.7 million pupils are missing more than 10% of lessons – double pre-pandemic levels. More from Personnel Today:
https://www.personneltoday.com/hr/education-secretary-links-pupil-absences-with-working-from-home/
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13. Health and Safety Developments ⚓︎
County Tyrone company fined following death of an 18-year-old electrical apprentice at new build property
Following an investigation by the Health and Safety Executive for Northern Ireland (HSENI), Swift Control Services Limited was fined £10,000 at Londonderry Crown Court. Mr Newell sustained fatal injuries after coming in to contact with a live electrical circuit during work inside the property which was under construction. The investigation established Mr Newell was working alone and unsupervised within a storeroom in the property when the incident occurred, reports the HSE NI:
https://www.hseni.gov.uk/news/county-tyrone-company-fined-following-death-18-year-old
Recycling firm fined £1.2m after worker struck by wagon
A Yorkshire metals recycling company has been fined £1.2m after a worker was injured after being struck by a wagon at a processing site. An employee of CF Booth Limited was walking across the site yard in Rotherham on 10 August 2020 when he was struck by a moving 32-tonne skip wagon. The man was not wearing his hi-vis jacket and did not see the wagon approaching. The wagon driver did not see the employee prior to the collision due to concentrating on manoeuvring the vehicle around some low-level skips which had been placed on the corner near where the employee was crossing the yard. More from the Business Desk:
https://www.thebusinessdesk.com/yorkshire/news/2123953-recycling-firm-fined-1.2m-after-worker-struck-by-wagon
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14. Friends of Legal Island ⚓︎
Recruitment competition opens for non-legal members of the Industrial Tribunals and Fair Employment Tribunal
Non-legal members play an active and key role in the tribunal process in using their practical knowledge and expertise in employment relations matters to assist the tribunal in reaching its decision. This is an open competition which involves an application form and interview. The closing date for receipt of applications is 12:00noon on Friday 24 May 2024:
https://www.economy-ni.gov.uk/news/recruitment-competition-opens-non-legal-members-industrial-tribunals-and-fair-employment-tribunal
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15. 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 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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