While the Super Moon brings a glow to the night sky, it's a good time to shed some light on the latest developments in employment law this week.....
This week's top 5:
- Annual Review Session of the Week: Turning Poor Performance into Progress
- Right to WFH boosts productivity
- Harland & Wolff to enter administration
- Is your company DEI washing?
- Jason Elliott blows the final whistle on the referees' case - are they employees?
And in other news...............did you know we've updated the Comparative Law Table..........again?! Just this week in fact........find it HERE!
- Annual Review Session of the Week: Turning Poor Performance into Progress
- Case Law Reviews
- AI and Employment Law
- UPDATE: Comparative Employment Law Table: Northern Ireland, Ireland and Great Britain
- Titanic shipbuilder Harland & Wolff to enter administration
- Work/Life Balance
- Edinburgh Rape Crisis Centre chief executive Mridul Wadhwa resigns after report into failings
- Just in Case You Missed It...
- HR Developments
- Employment News in the Media
- GB Developments
- Free Webinars This Month
===============================================
1. Annual Review Session of the Week
Turning Poor Performance into Progress
Join Marie Ferris of Thrive Coaching & Development to strengthen your management skills through coaching to improve workplace performance. Learn practical techniques to support and guide underperforming employees, promoting a culture of growth and accountability.
More: https://bit.ly/ktniarel24
===============================================
2. Case Law Reviews
Tesco Stores Ltd v Union of Shop, Distributive and Allied Workers (USDAW) [2024] UKSC 28
Summary Description: The decision to terminate and re-engage to contract out of ‘permanent’ retained pay was unlawful as it was implied that the right to terminate was qualified when the agreement was made.
Claimant/Appellant on Appeal: USDAW
Respondent/Respondent on Appeal: Tesco Stores Ltd
Keywords: Re-engagement; Contractual Rights
Practical Guidance for Employers: This case provides a useful examination of contractual terms and interpretation. The use of implied terms alongside the express term giving the retained pay provides protection for the employees. This arises by limiting the right to terminate the contract which seemed to be unfettered within the express terms of the contract. The reasoning was to give business efficacy and in large part to ensure that there was fairness in the bargain struck. Accordingly, employers should be aware of operating this type of ‘switcheroo’ to avoid agreements that they have struck previously especially when they labelled those agreements as ‘permanent’.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/september/tesco-stores-ltd-v-union-of-shop-distributive-and-allied-workers-usdaw-2024/
Professional Game Match Officials Ltd v Revenue and Customs Commissioners [2024] UKSC 29
Summary Description: Mutuality of obligation and control found between football match officials and the PGMOL for the purpose of income tax and national insurance.
Appellant: Professional Game Match Officials Ltd (PGMOL)
Respondent: Revenue and Customs Commissioners
Keywords: Employment Status; Contract of Employment
Practical Guidance for Employers: This case provides a useful examination as to whether there was a contract of employment in a rather novel situation. An important learning point is that the right to cancel without penalty (pardon the pun) does not remove the mutuality of obligations. The court will necessarily look beyond that as to the extent to which there is such mutuality when the obligations have begun to be carried out. Whilst the referees were winning this one at half-time through the Tribunal process the Supreme Court has blown the final whistle finding that there was sufficient mutuality of obligation and control.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/september/professional-game-match-officials-ltd-v-revenue-and-customs-commissioners-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/
===============================================
3. AI and Employment Law
UK and others sign first ‘binding’ treaty on AI and human rights
The UK government has signed the world’s first “legally binding” treaty on artificial intelligence (AI) and human rights, which commits states to implementing safeguards against various threats posed by the technology. Drawn up by the Council of Europe – an international organisation set up in 1949 to uphold human rights throughout the continent – the treaty has now been signed by Andorra, Georgia, Iceland, Norway, the Republic of Moldova and San Marino, as well as Israel, the US and the European Union (EU).
Read about the update here:
https://www.computerweekly.com/news/366610354/UK-and-others-sign-first-binding-treaty-on-AI-and-human-rights
ChatGPT’s Latest Iteration (01 model) & Its Significance for HR
In this week's episode, Barry Phillips calls in the help of a goat to explain why this latest version of ChatGPT is so important.
===============================================
4. UPDATE: Comparative Employment Law Table: Northern Ireland, Ireland and Great Britain
A new and updated version of the Lewis Silkin LLP and Legal Island Comparative Employment Law Table outlining the key differences between GB, NI and ROI employment laws was launched this week.
Access your copy here:
https://www.legal-island.com/articles/uk/features/comparative-employment-law/2022/comparative-employment-law-northern-ireland-ireland-and-great-britain/
Comparative Law webinar with Lewis Silkin LLP
Did you miss yesterday's webinar with Lewis Silkin? Fear not, we have a recording!
With a new Labour government in GB, the ‘Good Jobs’ consultation in NI and recent changes in ROI we’re all playing catch up on the divergence of laws between the neighbouring jurisdictions.
Catch up with Emma Grossmith, Managing Associate, Lewis Silkin (NI) LLP and Catherine Hayes, Managing Associate, Lewis Silkin LLP ROI discussing recent, and upcoming, changes to:
- Zero-hours contracts
- Family rights
- Domestic abuse
Catch up here:
===============================================
5. Titanic shipbuilder Harland & Wolff to enter administration
Belfast shipbuilder Harland & Wolff (H&W) will enter administration this week after being declared "insolvent on a balance sheet basis" by its board of directors.Read in full:
https://businessplus.ie/news/harland-wolff-administration/
===============================================
6. Work/Life Balance
Record number of employers promote family-friendly policies
A new record high proportion of employers – 89% – now promote their support for working parents with paternity leave being promoted as often maternity leave for the first time. New research by gender equity firm Executive Coaching Consultancy, found that the number of employers that actively promote their family-friendly credentials had grown to a five-year high. Read in full:
https://www.personneltoday.com/hr/record-number-of-employers-promote-family-friendly-policies/
Government relaxes three-day office working rules for civil servants
The government is not enforcing rules that require civil servants to spend three days a week in the office, reports have suggested. Although official guidelines established by the Conservatives have not been changed, a more relaxed approach is being taken as to where employees work, The Times reported. According to Whitehall sources, Labour ministers are doing little to enforce the rules and are taking a “more pragmatic” attitude regarding home working. Read more:
https://www.personneltoday.com/hr/government-relaxes-three-day-office-working-rules-for-civil-servants/
But on the other hand……….
Fewer UK employers offering fully remote roles, LinkedIn finds
New data from LinkedIn has highlighted a general decline in the number of UK organisations hiring for fully remote positions. As the debate around flexible working continues, the global professional network’s Economic Graph noted a 6.2% year-on-year drop in remote working positions available at large businesses. However, small firms are opposing the trend, showing a 2.3% year-on-year increase in recruiting for fully remote positions.
More: https://www.personneltoday.com/hr/fewer-uk-employers-offering-fully-remote-roles-linkedin-finds/
Right to WFH boosts productivity, Labour says
Allowing flexible working and working from home creates a more productive, loyal workforce, the business secretary has said. In an interview with the Times, external, Jonathan Reynolds said employers "need to judge people on outcomes and not a culture of presenteeism". Labour is poised to unveil its Employment Rights Bill, which includes measures such as a right to "disconnect" outside working hours, a ban on zero-hours contracts and allowing workers to compress their contracted hours into fewer working days. The BBC has more: https://www.bbc.co.uk/news/articles/cz04mr4l90do
Staff are working dangerously long hours, and their employers should be concerned
Complaints about heavy workloads in UK higher education are widespread. Overworked academic and academic related staff are at risk of stress, burnout, and even shorter lives. Recent surveys by the University and College Union (UCU) show that the average working week for academic staff is 51 hours—far above the legal maximum of 48 hours. UCU has long argued for better workload management, but progress has been minimal.
===============================================
7. Edinburgh Rape Crisis Centre chief executive Mridul Wadhwa resigns after report into failings
The chief executive of a sexual assault support service has stood down after a damning review found it failed to protect women-only spaces. Mridul Wadhwa - a trans woman - resigned from Edinburgh Rape Crisis Centre (ERCC) after a Rape Crisis Scotland (RCS) report found she "did not understand the limits on her role's authority" and "failed to set professional standards of behaviour". The investigation, carried out by an independent consultant, found evidence that some women who had approached the service had been "damaged" by their experience. The probe was launched after former worker Roz Adams won a claim of constructive dismissal against the service in May.
Read from Sky News here:
https://news.sky.com/story/edinburgh-rape-crisis-centre-chief-executive-mridul-wadhwa-resigns-after-report-into-failings-13213828
===============================================
8. Just in Case You Missed It...
Flexible Working Requests Across GB and NI: How do I Handle it?
“Our business operates across Great Britain and Northern Ireland. Following the changes on flexible working requests in GB, we updated our Employee Handbook across the business. A new-start in NI has made a flexible working request, stating that it is their “day one right.” As this employee is based in NI, we are unsure about how to manage their expectations. How do I handle it?” Emma Doherty of Tughans has the answers:
https://www.legal-island.com/articles/uk/features/how-do-i-handle-it/2024/september/flexible-working-requests-across-gb-and-ni-how-do-i-handle-it/
Using ChatGPT to Process Your Monthly Expense Claim – Why Wouldn’t You?
Barry Phillips this week looks at a simple use case for ChatGPT that will save everyone time and represents a great place to start for anyone in HR struggling to secure employee sign up to using AI. Catch up here:
https://www.legal-island.com/articles/uk/resources/ai-for-hr-weekly-podcast/2024/sept/using-chatgpt-to-process-your-monthly-expense-claim--why-wouldnt-you/
===============================================
9. HR Developments
Knowing your green flags from your red: Is your company DEI washing?
With the rising popularity of workplace diversity initiatives, it is important that we all be able to recognise when a company is talking the talk without walking the walk.
Read more here: https://www.siliconrepublic.com/advice/green-flags-red-company-dei-washing-employee-advice
Four simple hacks to succeed in every conversation
One of the key underrated skills that most people think they can master is providing critical feedback and communicating effectively in thorny situations. A career coach, a choreographer, a chef and a dragon boat captain offer advice and collaborative methods to enable people to better express their thoughts to their peers. Listen here:
https://www.bbc.co.uk/reel/video/p098mgm9/four-simple-hacks-to-succeed-in-every-conversation
Like a boss: How to upskill as a manager
All of us, regardless of our position in a company, need to brush up on our skills now and then, managers included. Leadership is often instinctual, but it can also be taught and managers should always aim to improve. Read on how to succeed with it here: https://www.siliconrepublic.com/advice/like-a-boss-upskill-manager-skills-advice
===============================================
10. Employment News in the Media
Amazon will require employees to return to working at company offices five days per week beginning next year, toughening a prior three-day mandate. The change is necessary to "invent, collaborate and be connected" wrote CEO Andy Jassy in a letter to employees on Monday posted to its website. He said the experience of a three-day mandate "strengthened our conviction about the benefits" of in-office work.
Read more here: https://www.reuters.com/technology/amazon-mandates-five-days-week-office-starting-next-year-2024-09-16/
===============================================
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.
More flexibility for teachers on way to reverse recruitment crisis
Teachers will be able to do more work from home under a Labour plan to boost recruitment to the profession. Marking and lesson planning are two of the tasks that teachers could carry out away from their usual workplace under the plans. Education secretary Bridget Phillipson has said the increased flexibility will prevent women from leaving the profession when they have children. More:
https://www.personneltoday.com/hr/more-flexibility-for-teachers-on-way-to-reverse-recruitment-crisis/
Get ready for Labour’s revamping of employment law
Labour’s election victory will go down in history for many reasons. Looking to make an immediate impact, the next few months will no doubt give us some clear indications of what our new government intends to do. Find out more: https://www.scotsman.com/business/get-ready-for-labours-revamping-of-employment-law-4779585
Starmer omitting Single Worker Status in his TUC speech means expect the best, but prepare for the worst
There was no mention of Single Worker Status, or IR35, yesterday by prime minister Sir Keir Starmer in his speech to the TUC, writes Nikola Nowak, senior consultant at Markel Tax. More: https://www.contractoruk.com/news/0016534starmer_omitting_single_worker_status_his_tuc_speech_means_expect_best_prepare_worst.html
UK Businesses Express Concern Over Labour’s New Worker Protections
British businesses are raising concerns over the Labour government's proposed worker protections, fearing they could make hiring riskier, according to a report from the Confederation of British Industry (CBI). Employment regulation remains a concern for 39% of employers, but 58% predict it will become an even bigger issue in the coming years.
Find out here: https://minutehack.com/news/uk-businesses-express-concern-over-labours-new-worker-protections#google_vignette
===============================================
12. Free Webinars This Month
Employment Law at 11
Neurodiversity and the Law – What you need to know
Friday 4th October - 11am to 11.45am
Is your organisation fully compliant with legal requirements around neurodiversity?
Championing a neuro-inclusive workplace is an increasingly important part of a diverse workforce here in NI. With the NI Civil Service leading the charge with the release of their “Neurodiversity: NICS Line Manager’s Toolkit”, neurodiversity is never far from the HR headlines.
Join Employment Law at 11 regulars Christine Quinn of Legal Island and Seamus McGranaghan of O’Reilly Stewart as they unpack the legal obligations and best practices for supporting neurodivergent employees.
Seamus will explore:
- What are the legal rights of neurodivergent employees under NI employment law?
- How can employers meet their duty to provide reasonable adjustments?
- What are the legal risks of failing to accommodate neurodiversity in the workplace?
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 your questions in advance to webinars@legal-island.com. Anonymity assured.
Please note that the employment law matters discussed in this webinar apply primarily to Northern Ireland.
REGISTER FOR FREE: https://attendee.gotowebinar.com/register/3355739615859526229?source=WR
Check out previous discussions: https://www.legal-island.com/resources/any-questions-webinars/
Enjoy the weekend.
Legal-Island
Continue reading
We help hundreds of people like you understand how the latest changes in employment law impact your business.
Please log in to view the full article.
What you'll get:
- Help understand the ramifications of each important case from NI, GB and Europe
- Ensure your organisation's policies and procedures are fully compliant with NI law
- 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
- Receive free preliminary advice on workplace issues from the employment team
Already a subscriber? Log in now or start a free trial
