Barry's Amusements staff are the latest to join the all-out strikes here in NI - apparently they're calling for the immediate reinstatement of a colleague who was funfairly dismissed!
This week's top 5:
- Cold weather - HR best practice
- Anti-strike law should never be extended to Northern Ireland - Amnesty
- New "AI for HR" Podcast Launched
- Four-day working week: compliance challenges and how to overcome them
- Predictions on what Gen Z will need from their employers to keep them on board in 2024
And in other news...............Employment Law at 11 is back! JOIN Seamus McGranaghan of O'Reilly Stewart and Legal Island's Christine Quinn for their first webinar of 2024!
- Case Law Reviews
- AI and Employment Law
- Industrial Action - 18 January Strike
- Data Protection & Cyber Security
- Four-day week
- EHRC urged to investigate MoD’s handling of sexual harassment claims
- Cold weather - HR best practice
- Just in Case You Missed It...
- HR Developments
- Employment News in the Media
- GB Developments
- Free Webinars This Month
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1. Case Law Reviews
Bucknor v Bidvest Noonan (UK) Ltd [2023] Case No: 2201364/2023
Summary Description: No discrimination found for a male employee who was a sole parent and stated that a female employee would have received more leniency in relation to a lack of flexibility.
Claimant: S Bucknor
Respondent: Bidvest Noonan (UK) Ltd
Keywords: Unfair Dismissal; Sex Discrimination
Practical Guidance for Employers:
The Tribunal noted that the claimant was in a minority by virtue of being a male with the sole parenting responsibilities. That, in itself, did not allow for a right relating to discrimination. Instead, the Tribunal noted the claimant had to demonstrate evidence of how a woman in the same situation would have been treated more favourably. Considering the level of flexibility that was offered this was not demonstrated to the Tribunal. It was also interesting to note that the reason for the dismissal, despite the lack of compliance with the employment contract, was some other substantial reason rather than misconduct.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/jan/bucknor-v-bidvest-noonan-uk-ltd-2023/
Haycocks v ADP RPO UK Ltd [2023] EAT 129
Summary Description: Redundancy process not reasonable where there was a lack of formative consultation.
Claimant: Joseph Haycocks
Respondent: ADP RPO UK Ltd
Keywords: Unfair Dismissal; Redundancy
Practical Guidance for Employers:
This case demonstrates the importance of ensuring reasonableness within the redundancy process. The controlling hand of the US parent company in this case led to a lack of adherence to what would be normal in a UK redundancy scenario. The lack of good reason for the failure to hold consultation at the formative process was fatal here leading to the claimant’s appeal being successful.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/jan/haycocks-v-adp-rpo-uk-ltd-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
New "AI for HR" Podcast Launched by Legal Island
Barry Phillips (CEO) BEM, Legal Island, launches the first weekly summary and snapshot into AI developments relevant to HR.
Catch all episodes here: https://www.legal-island.com/articles/uk/resources/ai-for-hr-weekly-podcast/2024/jan/introduction-and-podcast-outline/
ChatGPT in the workplace
A study of the impact of ChatGPT in the workplace published this month reveals two interesting findings:
ChatGPT increased the efficiency of those using it by 25% and improved the quality of the output by 40% compared to those who worked without it
The improvements are largest for the lower performers. For now, at least, AI appears to be acting as a leveller helping low performers more than high performers. For the full report on the research click here:
https://www.oneusefulthing.org/p/signs-and-portents
Barry Phillips from Legal Island will be looking at how best to use ChatGPT in an HR environment at our next online workshop on 30th January :
https://www.legal-island.com/event/streamlining-hr-tasks-with-chatgpt-a-comprehensive-half-day-workshop-ni/
The Post Office scandal proves why workers’ needs must be put ahead of AI and technology
The Post Office scandal has revealed the human impact of misplaced faith in computers and the urgent need for new laws to protect UK workers from injustices caused by technology, with experts telling the government “not to delay”. Though Computer Weekly, a magazine for IT professionals, broke the story in 2009, and Private Eye have regularly updated readers on the scandal over the past decade, many had not heard of the Post Office scandal until recently. In the first week of January, the hard-hitting ITV dramatisation of the scandal, Mr Bates vs The Post Office, was broadcast, catching Westminster politicians off guard and sparking renewed public outrage at the events that tarnished many Post Office workers’ lives forever. More:
https://www.bigissue.com/news/employment/post-office-scandal-technology-ai-protect-workers/
ICO launches consultation series on generative AI
The Information Commissioner’s Office (ICO) has launched a consultation series on generative Artificial Intelligence (AI), examining how aspects of data protection law should apply to the development and use of the technology. The ICO is seeking views from a range of stakeholders, including developers and users of generative AI, legal advisors and consultants working in this area, civil society groups and other public bodies with an interest in generative AI. The first consultation is open until 1 March 2024 and you can read more about it:
https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2024/01/information-commissioner-s-office-launches-consultation-series-on-generative-ai/
AI to hit 40% of jobs and worsen inequality, IMF says
Artificial intelligence is set to affect nearly 40% of all jobs, according to a new analysis by the International Monetary Fund (IMF). IMF's managing director Kristalina Georgieva says "in most scenarios, AI will likely worsen overall inequality". The IMF said AI is likely to affect a greater proportion of jobs - put at around 60% - in advanced economies. More on this story from the BBC:
https://www.bbc.co.uk/news/business-67977967
‘Consistently more accurate than humans’ – Cabinet Office algorithm helps sort and delete millions of files
The Cabinet Office has found an algorithm used to analyse, sort – and delete – millions of government documents is “consistently more accurate than humans” in performing such checks. More from Public Technology:
https://www.publictechnology.net/2024/01/12/science-technology-and-research/consistently-more-accurate-than-humans-cabinet-office-algorithm-helps-sort-and-delete-millions-of-files/
Employers are now demanding AI skills
Job Skills of 2024 Report shows a 271% YoY spike in employee interest in AI skills, alongside a 157% YoY rise in generative AI course enrolments. Notably, cybersecurity skills, crucial amid a 3.4 million worker shortfall, dominate the top ten fastest-growing tech skills. Additionally, leadership skills are increasingly sought after as technology evolves, as per insights from five million global learners. HR Director has more here:
https://www.thehrdirector.com/business-news/ai/employers-now-demanding-ai-skills/
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3. Industrial Action - 18 January Strike
Northern Ireland public sector workers vow ‘this is not the end’ for mass industrial action
Striking workers have vowed “this is not the end” and they will continue their campaign after mass industrial action by trade unions brought Northern Ireland to a virtual standstill on Thursday. Schools were closed, public transport was suspended, snow-covered roads went ungritted and only emergency healthcare was provided as members of 17 unions representing 170,000 workers took to picket lines in an ongoing dispute over pay and public sector funding. More:
https://www.irishtimes.com/politics/2024/01/18/northern-ireland-public-sector-workers-vow-this-is-not-the-end-for-mass-industrial-action/
Snow and ice: NI road gritters to take week-long strike action
Members of two unions which operate gritters on Northern Ireland roads are taking week-long strike action from Thursday. The action coincides with a period of very cold weather, with a snow warning for the middle of the week. It will begin at one minute past midnight on Thursday 18 January, involving Unite and the GMB unions. More from the BBC:
https://www.bbc.co.uk/news/uk-northern-ireland-67982103
Public sector strike: Civil disobedience call 'not endorsed by all unions'
A call for civil disobedience if public sector pay disputes continue beyond Thursday's major strike is not currently endorsed by all trade unions, a union leader has said. Thousands of public service workers are set to walk out on Thursday over pay in what could be Northern Ireland's biggest ever strike. Gerry Murphy, the assistant general secretary of ICTU, said that unions will look at whether to escalate its action after Thursday. The BBC has more:
https://www.bbc.co.uk/news/uk-northern-ireland-67968999
Anti-strike law should never be extended to Northern Ireland - Amnesty
In response to the suggestion by Sir Robert Buckland MP, Chair of the Northern Ireland Affairs Committee, that the Government’s Strikes (Minimum Services Level) Act should be extended to the region, Patrick Corrigan, Northern Ireland Programme Director of Amnesty International UK, said: “The idea that these draconian restrictions to the right to strike should be extended to Northern Ireland is alarming. The rights to join a trade union and withdraw one’s labour through strike action are fundamental human rights…This anti-trade union law has been just one of numerous examples of the Government’s drive to erode human rights in the UK. Thankfully, this is a devolved matter in Northern Ireland and the legislation does not apply and should never be introduced here by our politicians.”
The full statement is available here:
https://www.amnesty.org.uk/press-releases/northern-ireland-anti-strike-law-should-never-be-extended-northern-ireland-amnesty
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4. Data Protection & Cyber Security
The Online Safety Act 2023 (Commencement No. 3) Regulations 2024
Provides for a new regulatory framework which has the general purpose of making the use of internet services regulated by this Act safer for individuals in the United Kingdom. More here:
https://www.legislation.gov.uk/ukpga/2023/50/enacted
Thousands of pension holders to sue Capita over ‘Russia-linked’ hack
More than 5,000 pension holders are suing Capita after retirement savings data managed by the outsourcer was stolen in a hack by suspected Russia-linked cyber criminals. Lawyers representing the group said they had filed a claim under UK data law at the High Court against Capita. It is the first such litigation following last year’s cyber attack. The law firm acting for the claimants estimated the case could be worth up to £5m. Capita has said it does not believe there is “any valid basis” for bringing a claim against it. More from the Telegraph:
https://www.telegraph.co.uk/business/2024/01/14/thousands-pension-holders-sue-capita-russia-linked-hack/#:~:text=More%20than%205%2C000%20pension%20holders,Court%20against%20Capita%20on%20Friday.
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5. Four-day week
Asda introduces four-day working week trial as threatened strike postponed
The household supermarket name Asda is the latest business to trial a four-day working week. The Issa brothers, billionaires who own the supermarket giant, are attempting to improve working conditions after significant walkouts among senior staff, according to reports. Asda said they were making a “case for change” to retain store managers, with a new working arrangement trial to conclude at the end of this month. More from The Independent:
https://www.independent.co.uk/news/uk/home-news/asda-walmart-four-day-week-b2478363.html
Four-day working week: compliance challenges and how to overcome them
Following much debate in recent years, it seems an evolution away from the 40-hour work week is inevitable. Across the globe we’re seeing the topic come into focus – not just in front-runner organisations, but in regulatory contexts too. Starting in Belgium, the first country to legislate a four-day work week, to the US, where a bill has been proposed in Pennsylvania. From the UK pilot programme, it’s clear that there is no right way to implement the change. The programme took on many scheduling formats, from the traditional Friday-off approach to staggered, decentralised and annualised models. Employers considering this change to the working week need to be open minded and prioritise actual productivity, retention and engagement as their guides to a final decision. More from People Management:
https://www.peoplemanagement.co.uk/article/1857489/four-day-working-week-compliance-challenges-overcome
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6. EHRC urged to investigate MoD’s handling of sexual harassment claims
The Ministry of Defence has been reported to the government’s equality watchdog over claims it has failed to properly address allegations of sexual harassment and assault. In a letter to the Equality and Human Rights Commission (EHRC), first reported by the Guardian, the Prospect union asked for an investigation into whether the MoD has failed in its public sector equality duty (PSED) to eliminate discrimination, harassment and victimisation, as required under the Equality Act 2010. In October around 60 senior women at the MoD wrote to permanent secretary David Williams to raise concerns about sexual assault, harassment and abuse by male colleagues. You can read more from Personnel Today:
https://www.personneltoday.com/hr/mod-sexual-harassment-ehrc-investigation/
And in a seemingly contradictory story..............
MoJ wins award for excellence in recruitment
The Ministry of Justice’s targeting of veterans and former prisoners for jobs, as part of a wider recruitment drive to increase diversity, has won the department the 2023 Commissioners’ Mark of Excellence. In 2023 the award focused on recognition of the recruitment of external candidates who may not have previously considered becoming civil servants. The MoJ beat 18 other departments and agencies that submitted entries for the award, with its innovative approach to recruiting for different roles across the country. More here from Civil Service World:
https://www.civilserviceworld.com/professions/article/mojs-wins-award-for-excellence-in-recruitment-28655
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7. Cold weather - HR best practice
Cold weather working and snow days: the legal position
Following on from one of the mildest Decembers on record, we’re now into the colder months with parts of the country experiencing temperatures as low as -14°C. What should employers be doing during these months to keep their staff safe, warm and productive? Lewis Silkin has more:
https://www.lewissilkin.com/en/insights/cold-weather-working-and-snow-days-the-legal-position
Five common employer queries about severe weather
As the Met Office issues a yellow warning for snow and ice across Scotland, northern England and north Wales (16 January), with sub-zero temperatures and further snow warnings in place until the weekend, where do employers stand if staff struggle to get to work? Personnel Today answers five common questions on the impact of severe weather conditions:
https://www.personneltoday.com/hr/winter-weather-work-five-common-employer-queries/
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8. Just in Case You Missed It...
Introduction and Podcast Outline
Welcome to the AI for HR Weekly Podcast, brought to you by Barry Phillips. Barry will deliver a weekly summary of AI developments relevant to HR in no more than 5 minutes.
https://www.legal-island.com/articles/uk/resources/ai-for-hr-weekly-podcast/2024/jan/introduction-and-podcast-outline/
An Employee is Planning to Undergo Cosmetic Surgery and has Requested Paid Leave under our Company Sick Pay Scheme. How do I Handle it?
For January 2024, we have asked the employment team at Tughans LLP to provide practical answers to unusual, sensitive or complex work-related queries. We call this feature “How do I handle it?” The articles are aimed at HR professionals and other managers who may need to deal, from time to time, with the less commonplace disputes at work; issues that may, if handled incorrectly, lead to claims of discrimination, constructive dismissal or some other serious difficulty.]
https://www.legal-island.com/articles/uk/features/how-do-i-handle-it/2024/an-employee-is-planning-to-undergo-cosmetic-surgery-and-has-requested-paid-leave-under-our-company-sick-pay-scheme.-how-do-i-handle-it/
Unlocking the HR Advantage: 2024 Recruitment Trends and Strategies - with MCS
Julie Holmes from Legal Island and Ryan Calvert, Head of Human Resources, Sales and Marketing Recruitment from MCS, provide an annual recruitment wrap-up, where Ryan delved into the latest recruitment trends in roles, pay and sector differentiators. Essential viewing to stay up-to-date with recruitment insights to gain a competitive edge in the talent market.
https://www.legal-island.com/articles/uk/resources/webinars/2024/january/unlocking-the-hr-advantage-2024-recruitment-trends-and-strategies---with-mcs/
What We Learned Last Quarter: January 2024
Legal Island's Knowledge team have collated all the updates we sent our 1,000+ Employment Law Hub subscribers in Q4 2023, and it has been a busy one!
https://www.legal-island.com/articles/uk/features/supplementary/2024/what-we-learned-last-quarter-january-2024/
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9. HR Developments
Blue Monday: An opportunity for HR to address mental health in the workplace
HR leaders have a unique opportunity to demonstrate their commitment to employee well-being and mental health, turning a concept with dubious scientific backing into a pivotal moment for workplace wellness initiatives and corporate culture enhancement. More from HRD Connect:
https://www.hrdconnect.com/2024/01/15/blue-monday-an-opportunity-for-hr-to-address-mental-health-in-the-workplace/?mkt_tok=MjQzLU1SUi00NTkAAAGQq2ZgD3NTF1UMumV56sgBODU2Q0VY4ypk34fP8l8QHRM89zqBJJrxTUNJVoKyolN4RSxX1_WUDUuZ-3B5NfBB4THvzCrV0AS-kobs0JAY-G0FWkBq
Predictions on what Gen Z will need from their employers to keep them on board in 2024
Generation Z – the generation raised in a time where social media has dominated attention spans, tech and AI have been introduced into the workplace, and a pandemic has forced many to work remotely. Pair that with nearly one million redundancies in the UK during COVID-19, it’s no wonder this generation is demanding better from employers. The HR Director has more:
https://www.thehrdirector.com/features/future-of-work/predictions-gen-z-will-need-employers-keep-board-2024/
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10. Employment News in the Media
People should use their common sense when joking around colleagues, lawyers have warned, amid a rise in people taking offense to comments – and complaining to managers and the courts. The warning came after a Tory councillor was sent to diversity training for using a mock-Irish accent, over the course of eight years, to hail an Irish council official. More from City A.M.:
https://www.cityam.com/if-in-doubt-dont-say-it-lawyers-warning-after-councillors-disciplinary-for-mock-irish-accent/
Struggling Birmingham City Council is considering up to 600 job cuts as it attempts to make a dent in its colossal debt. The local authority – Europe’s largest – declared itself effectively bankrupt in September after revealing it does not have the funds to settle more than £760 million in equal pay claims. It served a section 114 notice to the government indicating that it did not have the resources to balance its books. Personnel Today has more on this:
https://www.personneltoday.com/hr/birmingham-city-council-ponders-600-job-cuts/
A former HR boss at the Royal Mint has accused the coinmaker of discrimination after she quit her £123,000-a-year job then unsuccessfully tried to rescind her resignation. Sarah Bradley has taken the Llantrisant-based company to an employment tribunal. Wales Online has more:
https://www.walesonline.co.uk/news/wales-news/row-major-welsh-employer-hr-28438260
A cleaner has claimed a prestigious boarding school discriminated against her because of her mental health. Kirsty Cush is suing for unfair dismissal, disability discrimination and for money owing to her under Wages Act legislation. In her witness statement, Ms Cush added: "I felt let down by my line manager and the lack of communication wasn't making it easier to return to work.” More from Newbury today:
https://www.newburytoday.co.uk/news/cleaner-sues-45-300-a-year-bradfield-college-for-unfair-dis-9348578/
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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.
Bullying and Respect at work bill
In July of last year, a GB Private Members’ Bill, the Bullying and Respect at Work Bill, was presented in the House of Commons. The Bill called for the introduction of a statutory definition of bullying at work and an associated right for employees to bring claims of workplace bullying in an Employment Tribunal. You can read more from HR Director:
https://www.thehrdirector.com/legal-updates/legal-updates-2024/bullying-respect-work-bill/
Amended Paternity Leave Regulations Published
Last summer, the Government announced proposals to amend paternity rights in England and Wales. Now the Government has published draft Paternity Leave (Amendment) Regulations 2024 which are expected to come into force in March 2024. The Regulations will change the way statutory paternity leave is taken, including the requirements relating to notice and evidence as well as when the paternity leave must be taken, and the requirement that paternity leave be taken as one continuous period. Nelsons has more here:
https://www.nelsonslaw.co.uk/amended-paternity-leave-regulations/
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12. Free Webinars This Month
Employment Law at 11 - With O'Reilly Stewart Solicitors
Friday 2nd February 2024 (11:00am - 11:45am)
Register for the next webinar in the series, during which Seamus McGranaghan of O'Reilly Stewart Solicitors and Christine Quinn from Legal Island will discuss:
1. NEW YEAR, NEW LAW - Working Time Regulations
The amended Working Time Regulations came into force on 1st January 2024 – they provide express rights to carry over unused holiday, codify the caselaw in the area and clarify what amounts to normal pay for the 4-weeks ‘EU leave’. Seamus will guide you through the amendments, introduce you to the new guidance just published in both NI and GB and highlight what you need to do going forward.
2. Social Media stresses
Another high-profile case in England, Higgs v Farmor’s School, once again shines a light on the issue of social media and clashing beliefs in the workplace. Out own home-grown social media cases – McDade and Shiels -illustrate that social media and work is not just a problem in England and Wales, it’s very much a factor in dismissals here in NI. Seamus will talk you through the latest caselaw and steps that you can take now to mitigate risks in your organisation.
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/1955930466134401113?source=WR
Check out previous discussions:
https://www.legal-island.com/resources/any-questions-webinars/
Enjoy the weekend.
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