You know things have gotten weird at work when not saying 'hello' becomes a legal matter. Turns out, 'silence is golden' doesn't always apply...

This week's top 5:

1. Annual Review Session of the Week: Conflict is not just inevitable; it’s necessary
2. Over a third of HR workers have experienced phishing incident at work
3. Fawcett says draft Employment Rights Bill in GB is victory for women in the workplace
4. Can unemployment be solved with weight loss drugs?
5. Latest Northern Ireland labour market statistics

And in other news...............congraulations to Rebecca Lavelle of Foyle Food Group who won a £50 One4All voucher for participating in our Hub survey! Thanks for your input Rebecca, and enjoy your winnings!

CONTENTS

1. Annual Review Session of the Week: Conflict is not just inevitable; it’s necessary
2. Case Law Reviews
3. AI and Employment Law
4. Warning over cybersecurity gap in the HR sector
5. Menopause at Work
6. Cabinet Office extends project to improve departments’ readiness to tackle bullying
7. Latest Northern Ireland labour market statistics
8. National Insurance fears spark business backlash
9. Can unemployment be solved with weight loss drugs?
10. Just in Case You Missed It...
11. HR Developments
12. Employment News in the Media
13. GB Developments
14. Health & Safety
15. Free Webinars

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1. Annual Review Session of the Week ⚓︎

Conflict is not just inevitable; it’s necessary

Seán Grant of Core Impact explores conflict models and shows how to use them to transform potential disruptions, like grievances, personality clashes, and disciplinary issues, into opportunities for growth and success. Read more:
https://bit.ly/ktniarel24

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2. Case Law Reviews ⚓︎

Moghaddam v University of Oxford & Others [2024] EAT 156

Summary Description: Claimant did make protected disclosures in alleging a colleague had plagiarised his work and that may have amounted to a detriment leading to dismissal with the matter being remitted to the Tribunal.

Claimant: Moghaddam

Respondent: University of Oxford & Others

Keywords: Unfair Dismissal; Fixed-Term Workers

Practical Guidance for Employers:

An interesting case relating to fixed-term contracts being regularly renewed and the issue of permanence arising.   It is not a blanket acceptance that once four years arises that it will amount to permanence instead there can be additional fixed-term contracts insofar as they are objectively justified.  This was the case here when it came to how the claimant’s role was funded.  The more difficult aspect was the working relationship with another colleague, how it related to the funding and the disclosure that the claimant had made. This did give rise to procedural issues leading to the case being remitted back to the Tribunal.

Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/october/moghaddam-v-university-of-oxford--others-2024/

Anderson v Anderson & Anderson t/a Elite Cabins [2024] NIIT 45505/21

Summary Description: A repudiatory breach of contract found when the business owner aggressively shouted and swore at the claimant about a family issue when the claimant was at work.

Claimant: Kevin Anderson

Respondent: Desmond Anderson & Paul Anderson t/a Elite Cabins

Keywords: Constructive Dismissal

Practical Guidance for Employers:

This case provides a rare situation involving what is principally a family business but a family quarrel turns into an employer-employee issue.  The aggressive nature in which the claimant was dealt with had to be looked at as an employer-employee issue rather than being treated separately because the two happened to be brothers.   There is a divide that has to be realised between familial issues and issues relating to employment.  Those two coalesced in this case and led to the claimant, as employee, being treated horribly and that breached the implied term of trust and confidence.

Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/october/anderson-v-anderson--anderson-ta-elite-cabins-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 ⚓︎

Employers must meet their workers' need for effective AI upskilling

A new report on AI sponsored by DeVry University found 72% of employers aren't offering upskilling benefits to all workers and more than 40% aren't confident in their organization’s ability to effectively train workers on AI. But without proper comprehensive training, organizations are opening themselves up to risk and potentially leaving their workers—and their skills—behind. Forbes has more here:
https://www.forbes.com/councils/forbeshumanresourcescouncil/2024/10/10/employers-must-meet-their-workers-need-for-effective-ai-upskilling/#:~:text=Workers%20and%20employers%20can%20agree,to%20upend%20how%20companies%20operate

Can AI do away with ‘out with the old, in with the new’ company rhetoric?

DEI measures are there to ensure fair and equal treatment for everyone within the workforce, yet age is often unfairly seen as a sign that someone is unfit for the modern workplace. A 2023 Workplace Equality Report from Matrix Recruitment Group, indicated – for the second year in a row – that 78pc of respondents identified ageism as a significant workplace issue. Silicon Republic look at how AI innovation and its potential can improve working conditions for people who may often be left on the margins of company culture:
https://www.siliconrepublic.com/careers/ai-out-with-the-old-in-with-the-new-company-rhetoric-inclusion

Latest ChatGPT Adoption Rates – Reading the Tea Leaves in HR

Barry Phillips asks whether the latest adoption rates of ChatGPT suggest to HR that it’s a question of when not if..

https://www.legal-island.com/articles/uk/resources/ai-for-hr-weekly-podcast/2024/oct/latest-chatgpt-adoption-rates--reading-the-tea-leaves-in-hr/

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4. Warning over cybersecurity gap in the HR sector ⚓︎

A new survey by NEBRC has revealed a gap in UK businesses’ online protection, with HR and recruitment businesses being the most likely to have experienced a phishing attack within their work environment. Over a third of HR workers (77%) have experienced some form of phishing incident within their work environment, which is much higher than the average worker, which stands at 54%. This article from HR Director explores what steps your business can take to reduce the likelihood of such attacks:
https://www.thehrdirector.com/business-news/security/warning-cybersecurity-gap-hr-sector/

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5. Menopause at Work ⚓︎

Lack of menopause support drives retention problems

Research has revealed that more than a million women are currently looking for new jobs that offer menopause support. The nationwide survey by Fertifa, a provider of fertility and menopause workplace support, sheds light on how UK employers are failing to meet the needs of women going through menopause. The survey, which gathered more than 3,000 responses, suggested that 13% of women are actively seeking jobs that provide better menopause support, while 27% of women without access to support have either left or considered leaving their jobs. Read more:
https://www.personneltoday.com/hr/menopause-support-retention/

Increased demand for menopause support expected

One in five employers expects an increased demand for female gender-specific support, such as for the menopause, according to research from Towergate Employee Benefits. A good starting point for menopause support is education. Making employees aware of the symptoms and issues associated with the menopause can help both those going through it themselves, and their colleagues, to be more understanding of the situation and the potential requirements of the individual. Including younger colleagues and those who won’t directly go through the menopause in the communications can help them to be more supportive of their colleagues. More here from Global Recruiter:
https://www.theglobalrecruiter.com/increased-demand-for-menopause-support-expected/

Menopause inclusivity is essential in the workplace

1 in 10 people leave their jobs due to menopause-related challenges, it has become crucial for businesses to create environments where employees feel supported. HR Director provides 6 top tips for menopause inclusivity in the workplace:
https://www.thehrdirector.com/business-news/menopause/menopause-inclusivity-essential-workplace/

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6. Cabinet Office extends project to improve departments’ readiness to tackle bullying ⚓︎

The Cabinet Office is funding a one-year extension to a project which is helping departments to be more “ready” to tackle bullying, harassment and discrimination (BHD) at work. Loughborough University researchers have created more than 300 action plans for the civil service as part of the project to help departments prevent bullying at work . The tool enables organisations to identify factors within the work environment that threaten the success of prospective interventions focused on preventing and addressing BHD reports Civil Service World:
https://www.civilserviceworld.com/professions/article/cabinet-office-extends-project-to-improve-departments-readiness-to-tackle-bullying

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7. Latest Northern Ireland labour market statistics ⚓︎

• The number of employees receiving pay through HMRC PAYE in NI in September 2024 was 806,700, an increase of 0.1% over the month and 1.5% over the year
• NI employees had a median monthly pay of £2,241 in September 2024, an increase of £70 (3.0%) over the month and an increase of £139 (6.6%) over the year
• There were 410 proposed redundancies in September 2024, taking the annual total to 3,000, which was around three-quarters of the figure for the previous year (3,970).

You can get the full details here:
https://www.economy-ni.gov.uk/news/northern-ireland-labour-market-statistics-6

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8. National Insurance fears spark business backlash ⚓︎

Businesses have hit out over a potential rise in National Insurance paid by employers, arguing it will make hiring staff and creating jobs harder. The CBI, one of the UK's leading lobby groups which claims it speaks for 170,000 firms, has suggested companies have stalled taking on new workers and investing as they await the government's tax and spending plans reports the BBC:
https://www.bbc.co.uk/news/articles/crm2remkekdo

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9. Can unemployment be solved with weight loss drugs? ⚓︎

Of all the policy solutions the public wished for under a Labour government, it’s a safe guess that “drug the unemployed with appetite suppressants until they’re thin enough to work” wasn’t top of the list. And yet here we are, apparently. The Health Secretary, Wes Streeting, announced that, in collaboration with Zepbound manufacturer, Eli Lilly, weight loss drugs will be trialled as a cure to not just obesity but worklessness. Find out more from the New Statesman here:
https://www.newstatesman.com/politics/the-staggers/2024/10/wes-streeting-cant-solve-unemployment-with-weight-loss-drugs

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10. Just in Case You Missed It... ⚓︎

What We Learned Last Quarter – Q3

Welcome to WWLLQ —your go-to guide as a Legal Island hub subscriber.  We’ve got the latest on upskilling, AI, and even what happens when facial recognition tech meets the school lunch line (yes, really!) From ChatGPT secretly becoming your team’s new best friend (or biggest headache) to the joys of flexible working requests, we’re here to make sure you stay on top of the latest developments…
https://www.legal-island.com/articles/uk/features/supplementary/2024/october/what-we-learned-last-quarter--q3/

Vaping at Work: How do I Handle It?

This month’s problem concerns:

“We have been made aware that an employee is vaping at their workstation while on video calls with clients. We are concerned about how this could make the business look, as well as the potential that other employees may start doing the same. How do I handle it?”  
https://www.legal-island.com/articles/uk/features/how-do-i-handle-it/2024/october/vaping-at-work-how-do-i-handle-it/

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11. HR Developments ⚓︎

Leadership development top HR priority for third consecutive year

Leadership development is the top priority for HR in 2025, according to a new survey from Gartner. Developing managers is a key focus for the third consecutive year, as three in four revealed feeling overwhelmed by their growing responsibilities. Among the HR leaders polled by the US-based consulting company, seven in 10 (69%) agreed leaders and managers are not suitable prepared to steer change. Other organisational HR priorities noted in the top five included organisational culture, strategic workforce planning, change management and HR technology. More from Personnel Today:
https://www.personneltoday.com/hr/leadership-development-top-hr-priority-for-third-consecutive-year/

CEOs predict imminent end of remote work — and HR leaders would like a word

As companies like Amazon, Dell, Goldman Sachs and Google ramp up efforts to get employees back to the office — with some demanding a 5-day-a-week RTO — most bosses are betting that remote work will soon be a thing of the past.  But for their part, the heads of HR departments maintain that remote work is far from history. Worklife has more on this:
https://www.worklife.news/leadership/ceos-predict-death-remote-work-hr/

How should employers look after those on long-term sick leave?

People Management explains what businesses should consider when managing those absent because of serious illness or injury, and how to minimise the impact:
https://www.peoplemanagement.co.uk/article/1891915/employers-look-long-term-sick-leave

Employers should have race and gender targets, say young staff

Nearly three in five (57%) of young employees believe it is important for employers to have set race and gender targets, a new study has revealed. The Purpose Pulse, which surveyed people in the UK and US, found that more than three in five (62%) of respondents think DEI initiatives are important in building trust, while four in five (81%) also thought trust could be developed among the workforce through employee wellbeing support. When asked why organisations should prioritise DEI, the top answer cited by 27% of those polled was because it is the right thing to do. More from Personnel Today:
https://www.personneltoday.com/hr/employers-should-have-race-and-gender-targets-say-young-staff/

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12. Employment News in the Media ⚓︎

Workers at Meta have reportedly been sacked for abusing the tech firm's meal voucher system, such as using it to buy toothpaste and washing powder. Other breaches of the policy included sharing the vouchers with others or going over budget, according to people who said they work at Meta. More:
https://www.bbc.co.uk/news/articles/cvgdyzq3wz5o

A senior female officer in the Royal Air Force was awarded a payout of up to £2,000 after she was told to “grow a pair” by male colleagues, a High Court judge revealed. Squadron Leader Anne Rubery lodged a complaint about bullying and discrimination. However, all her allegations of sex discrimination, harassment, dishonest and biased behaviour were dismissed. It was found that her colleagues had treated her with compassion and care when she underwent IVF, and that the terms “ballsy” and “grow a pair” were used in reference to both genders and did not meet the threshold for bullying. More here from the Standard:
https://www.standard.co.uk/news/crime/raf-ministry-of-defence-flynn-high-court-ivf-b1188134.html

While making sexist remarks, bullying and ageism are all obvious red flags in the workplace, some of the actions that can cause a problem are rather less clear. Legal and HR experts, warn that employers are leaving their businesses vulnerable to lawsuits over seemingly petty or mundane actions that they don't realise are problematic. Here, employment law and HR consultant Tina Rahman tells MailOnline her top tips for avoiding situations which may lead to a tribunal or an unexpected sacking:
https://www.dailymail.co.uk/news/article-13965715/surprising-things-work-fired-judge-boss-employment-law.html

An office worker will receive compensation after her recruitment boss breached employment laws by refusing to say to hello to her. Andrew Gilchrist refused to greet Nadine Hanson three times when she arrived for work, a Leeds employment tribunal heard. Mr Gilchrist then gave two colleagues a pay rise without telling her. His behaviour led to Ms Hanson winning an unfair dismissal claim, with Employment Judge Sarah Davies concluding his behaviour was 'unreasonable' and likely to 'undermine trust and confidence'. The Daily Mail has more on this story:
https://www.dailymail.co.uk/news/article-13962605/Office-worker-compensation-boss-refused-hello.html

A woman who sued her former employer over not being given a leaving card lost her case when it was revealed it had been hidden from her after only three people signed it. Karen Conaghan claimed that the lack of a leaving card was a “failure to acknowledge her existence” at IAG, the parent company of British Airways, and a breach of equality law. However, a former colleague told an employment tribunal that managers had indeed bought a card but did not present it to Ms Conaghan because of the low number of signatures. More from the Independent:
https://www.independent.co.uk/news/uk/home-news/karen-conaghan-iag-leaving-card-employment-tribunal-b2628688.html

A health board facing landmark legal action by a nurse suspended after complaining about a transwoman in a female changing room is fighting to have proceedings held in secret. NHS Fife are spending public money to stop the ten-day hearing - which could cost around £200,000 - from becoming public. The nurse, who has worked for the NHS for 30 years, took the case to an employment tribunal after she was disciplined. She claimed the co-worker started to undress in front of her when they were alone in the room on Christmas Eve last year. She was suspended and accused of bullying by the trans colleague who is biologically male but who identifies as a woman. The Daily Record has more on this:
https://www.dailyrecord.co.uk/news/scottish-news/nhs-fife-fights-secret-hearings-33877891

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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.

Nearly half of UK businesses unaware of upcoming workplace sexual harassment law

A new study by Culture Shift has revealed that nearly half (45%) of UK businesses and HR professionals didn’t know that the new Worker Protection Act, which specifically addresses sexual harassment in the workplace, will be coming into force in GB on 26 of October. More from HR Director:
https://www.thehrdirector.com/business-news/harassment/nearly-half-uk-businesses-unaware-upcoming-workplace-sexual-harassment-law/

Facilities staff at three departments to strike over ‘insulting’ pay offers

Security guards, receptionists, cleaners, caterers and porters at three government departments are set to go on strike over "insulting" pay offers and a lack of sick pay. PCS has announced that the facilities-management staff will stage 14 days of walkouts at the Department for Business and Trade, the Department for Science, Innovation and Technology, and the Cabinet Office from 28 October to 10 November reports Civil Service World:
https://www.civilserviceworld.com/professions/article/dbt-dsit-cabinet-office-strike-sick-pay-g4s-iss-pcs-union

Fawcett celebrates the draft Employment Rights Bill in GB

The new government has published a draft Employment Rights Bill. It contains sensible new protections for women workers which Fawcett has been campaigning for over a number of years. This could help increase women’s equality at work and contribute to inclusive growth for workers and businesses alike:

• The gender pay gap remains stubbornly high at a mean average of 10.7% for full time workers and 13.2% for all workers in 2023
• Fawcett research from 2022 found that one in 10 women surveyed who worked during the menopause left a job due to their symptoms
• Fawcett research from 2023 shows that 40% of women said that access to flexible work would mean they could take on more paid work

More here:
https://www.fawcettsociety.org.uk/blog/fawcett-celebrate-draft-employment-rights-bill

The New Deal for Workers – a focus on ‘rights’ but what about power?

Labour’s long-awaited GB Employment Rights Bill does not do nearly enough to remove the restraints on trade unions or to give them the powers they need to make a significant difference to the lives of the millions of workers. You can read more here from the Morning Star:
https://morningstaronline.co.uk/article/new-deal-workers-%E2%80%93-focus-%E2%80%98rights%E2%80%99-what-about-power

CMS Expert Guide on sexual harassment in the workplace

The CMS Guide from Lexology covers over 30 jurisdictions and explores how countries have responded to the #MeToo movement and the evolving legal frameworks addressing workplace harassment, including significant changes since 2020 and includes global perspectives, practical steps for employers to implement policies and training and best practice and case studies:
https://www.lexology.com/library/detail.aspx?g=6b56c05c-e3e5-4938-a8f7-c65fc7e5322b&utm

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14. Health & Safety ⚓︎

Glass processing company fined after fatal accident involving employee

Following an investigation by the Health and Safety Executive for Northern Ireland (HSENI), a Ballynahinch-based glass processing company, Glas-Seal (NI) Ltd, has been fined for failing to ensure the safety of its employees. For more:
https://www.hseni.gov.uk/news/glass-processing-company-fined-after-fatal-accident-involving-employee

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15. Free Webinars ⚓︎

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.

Legal-Island