Rule #1: Never leave out the people who matter—like handling a grievance without the employee! Welcome to the Friday Round-up—where everyone’s invited!!
🚀 No time? No problem! We've got you! Here’s your quick Top 5 must-reads this week:
1. 🔹 HR dilemmas – How should HR handle unethical requests?
2. 💰 Gender pay gap alert – Women work 48 days unpaid each year
3. 📈 Hiring boom – Online job postings in Northern Ireland up 70%!
4. 😬 Workplace ‘banter’ backlash – 57 tribunal claims in GB this year
5. ⚖️ Beliefs at work – Jason Elliott reviews Higgs v Farmor’s School case
Got a minute? Catch up now! ⏳
In other news…Are you struggling with issues such as remote & flexible working requests? Absence management? If so, come to our event in partnership with Eversheds Sutherland: Legal Answers to HR Dilemmas: Mastering Modern Workplace Challenges on 20th March where you will get the legal solutions to your HR problems! Read the full programme HERE
CONTENTS ⚓︎
1. Case Law Reviews ⚓︎
Higgs v Farmor’s School [2025]
Claimant/Appellant: Kristie Higgs
Respondent: Farmor’s School
Summary:
Court of Appeal allowing a claim for discrimination where the claimant expressed or disagreement with government policy relating to same-sex relationships and gender identity issues in primary school.
Practical Guidance:
The balancing of rights continues to be a troublesome area of the courts. It is not surprising that these matters find themselves in the higher courts, such as the Court of Appeal. This is based upon the strength of opinion on the points and the extent to which other organisations can and do get involved in the litigation. The Court of Appeal has provided some useful guidance on the balancing of such rights and would have to take into account the subject matter, the way in which belief is express and the extent to which it is personal. This goes to the proportionality and whether there is an objective justification.
Read the Review in full:
https://legal-island.com/employment-law-hub/higgs-v-farmors-school-2025
Easton v Secretary of State for the Home Department (Border Force) [2025]
Claimant: P Easton
Respondent: Secretary of State for the Home Department (Border Force)
Summary:
Claimant did not disclose his previous dismissal for gross misconduct in application. This was found to be grounds for dismissal by reason of misconduct.
Practical Guidance:
The importance of honesty within an application process and ensuring that all relevant material is disclosed is highlighted here. The application process and how it is conducted by employers is a mechanism to ensure that there is rigour in choosing the right applicant both in terms of success in the role but also the wider ambit of employment including interacting with colleagues and others. Therefore, it is based upon this trust and honesty within the process that the decision is made. Where relevant material has been omitted, as is here, then the Tribunal is demonstrating that it can amount to misconduct and that a dismissal will be allowed.
Read the Review in full:
https://legal-island.com/employment-law-hub/easton-v-secretary-of-state-for-the-home-department-border-force-2025
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://legal-island.com/employment-law-hub/case-law
2. AI and Employment Law ⚓︎
The AI Literacy Obligation under the EU AI Act: Early Adopters Leading the Way
This week Barry Phillips looks at the organisations already claiming to be AI Literate under the Act:
Commission publishes the Guidelines on prohibited AI practices, as defined by the AI Act
These guidelines provide an overview of AI practices that are deemed unacceptable due to their potential risks to European values and fundamental rights. Read them here:
https://digital-strategy.ec.europa.eu/en/library/commission-publishes-guidelines-prohibited-artificial-intelligence-ai-practices-defined-ai-act
NB: The exact application of the EU AI Act in Northern Ireland remains unclear at the date of publication of this article. Many employers in the UK are however expected try to meet the new standards set down by the EU AI Act particularly those operating both in the UK and in the EU. This will also ensure they are better prepared for any legislation the government may decide to introduce. Keep an eye on our NI Employment Law Hub for further updates.
Shadow AI is the risk no-one sees
The biggest challenge for law firms isn’t AI itself – it’s the unregulated, unsanctioned use of it. Lawyers under pressure to produce work faster are already turning to AI tools, whether or not their firms allow it. According to Software AG, 50 per cent of employees across industries are using AI without official approval, often by copying case documents into ChatGPT, Deepseek or Grammarly. In law, that’s a huge liability. City AM has more on this:
https://www.cityam.com/where-ai-in-law-is-actually-heading/
3. Economic Outlook
NI Online job posting trends 2025
The Department for the Economy have published a factsheet has been produced with details of monthly online job posting trends across Northern Ireland. It includes an assessment of selected sectors as well as skills in demand. Key findings include:
- Online job postings in Northern Ireland increased by 70% compared with the previous month
- There were 11,700 new postings in January 2025
- Job postings for Programmers and Software Development Professionals have only risen by 7%, pushing it out of the top 3 occupations.
More here:
https://www.economy-ni.gov.uk/publications/online-job-posting-trends-2025
Employer confidence heading in the ‘wrong direction’ as firms plan job cuts
A new survey suggests that more firms are planning job cuts in the next quarter than at any time in the last decade, excluding the pandemic. The latest labour market outlook from the Chartered Institute of Personnel and Development’s (CIPD) paints a bleak picture of the labour market, as firms plan job cuts in response to the government’s tax hikes. The survey, including responses from over 2,000 employers, suggests that a quarter of employers intend to make redundancies in the next quarter, up from 21 per cent the quarter before. Employers are looking to shed staff due to the looming increase in employment costs, with April set to usher in both higher payroll taxes and a 6.7 per cent increase in the minimum wage. More from City AM:
https://www.cityam.com/employer-confidence-heading-in-the-wrong-direction-as-firms-plan-job-cuts/
And the CIPD Labour Market Outlook report is here:
https://www.cipd.org/uk/knowledge/reports/labour-market-outlook/
4. Philosophical belief
Belief and discrimination - key practical takeaways from Higgs v Farmor’s School
An employer does not have carte blanche to interfere with an employee’s right to express their beliefs simply because third parties find those beliefs offensive and think the worse of it for employing them. Nor, however, does the employee have carte blanche about what they can say in public or how, or in what circumstances, they say it." The judgment still leaves uncertainty for employers who will still need to navigate tricky considerations in practice, but it does provide an up-to-date framework for employers to consider when in similar situations. Below the team from Toot Anstey LLP have outlined the background to the case and the appeals, before turning to key practical takeaways for employers:
https://www.lexology.com/library/detail.aspx?g=659104ac-7ce3-413c-8d72-3a0148e88c2d&utm
Sandie Peggie faces sack by NHS Fife for 'misgendering' trans Dr Beth Upton
The nurse at the centre of a row over a trans woman using hospital changing rooms is reportedly being threatened with losing her job. Sandie Peggie is being accused of misconduct for challenging Dr Beth Upton’s presence in the female changing rooms at Kirkcaldy’s Victoria Hospital on Christmas Eve 2023, and for “misgendering” Dr Upton by using male pronouns while speaking to other NHS colleagues. Ms Peggie, who brought an employment tribunal against NHS Fife and Dr Upton, is to attend a conduct hearing on Friday which could include sanctions up to and including dismissal from her job. More from the Scotsman:
https://www.scotsman.com/news/politics/sandie-peggie-nurse-at-centre-of-trans-employment-tribunal-threatened-with-sack-4993459
5. Pay ⚓︎
TUC: Gender pay gap means women work first 48 days of the year unpaid
New TUC analysis reveals that the average woman effectively works for free for nearly seven weeks compared to the average man. This is because the gender pay gap for all employees currently stands at 13.1%. This pay gap means that this year Women’s Pay Day – the day women stop working for free compared to the average man – was Sunday 16 February 2025.
The full press release is here:
https://www.tuc.org.uk/news/tuc-gender-pay-gap-means-women-work-first-48-days-year-unpaid
UK wages continue to outpace inflation, figures show
Average wages are continuing to outpace inflation with pay packets rising for both the public and private sector workers, official figures show. Pay, after taking into account the pace of price rises, rose 3.4% between October and December compared with the same period a year ago, according to the Office for National Statistics (ONS). More from the BBC:
https://www.bbc.co.uk/news/articles/c4gwgpjgl5zo
6. DEI ⚓︎
Male banker wins sex discrimination claim after being terminated while on paternity leave
In the case of Mr J R v Goldman Sachs International, a Goldman Sachs banker, Mr JR, won a sex discrimination and unfair dismissal case after being terminated shortly before returning from paternity leave in 2022. Mr JR, a vice president in the compliance department, argued that his dismissal was due to bias against male employees taking extended leave for childcare, rather than the bank’s claim of performance issues. Read more:
https://www.thehrdirector.com/legal-updates/legal-updates-2024/male-banker-wins-sex-discrimination-claim-terminated-paternity-leave/
Sexual harassment cases spike after legal reform, data shows – how can HR ensure compliance?
Number of inquiries from both businesses and employees more than doubled in 2024, prompting calls for employers to train managers and adopt zero-tolerance policies. A FOI request revealed that the number of sexual harassment-related enquiries to the Acas helpline from both businesses and employees more than doubled in 2024 compared to the previous year. Acas reported a significant uptick in helpline calls concerning sexual harassment. In the third quarter of 2024, they received 803 calls from employees on this issue, representing a 59 per cent increase on the previous quarter. More from People Management:
https://www.peoplemanagement.co.uk/article/1906423/sexual-harassment-cases-spike-legal-reform-data-shows-%E2%80%93-hr-ensure-compliance
Study finds UK firms are not ditching DEI
Despite the backlash against diversity, equity and inclusion programmes in the US, UK firms are protecting DEI budgets and embedding DEI goals into their core business. A survey by employee experience platform Culture of more than 1,000 UK organisations, found three-quarters of businesses (74%) had a DEI programme. A quarter of these firms (26%) had increased funding compared with the previous year, while one-third (33%) had a DEI programme with the budget remaining stable. More from Personnel Today:
https://www.personneltoday.com/hr/study-finds-uk-firms-are-not-ditching-dei/
Why are rates of workplace discrimination increasing?
New research from Ciphr suggests many workplaces are a potential hotbed of discriminatory behaviour, with peoples’ age, appearance and gender often being used against them in work settings. A survey of 4,000 UK adults found that nearly half (45%) have experienced unfair discrimination while at work or when job hunting. Of those, nearly two-fifths (38%) say they have been discriminated against at work. And a similar number (39%) believe they’ve been turned down for a job they were qualified to do, due to discrimination of some kind during the recruitment process. More from HR Director:
https://www.thehrdirector.com/business-news/press-release/rates-workplace-discrimination-increasing/
7. Just in Case You Missed It...
Managing Frequent Sickness Absence: How do I Handle it?
This month’s problem concerns:
“Over the past few months, we have noticed an increase in employee sickness absence due to common winter illnesses such as the cold and flu. There is one employee who has been off more than others and a pattern is starting to form. How do I handle it?” Jack Balmer of Tughans offers the answers:
https://legal-island.com/employment-law-hub/managing-frequent-sickness-absence-how-do-i-handle-it
AI Literate? My Staff?! Yes, because Brussels Said So!
This week Barry Phillips take a look at the new AI Literacy obligation imposed on organisations by the EU AI Act and ask what does it mean? Catch up here:
https://legal-island.com/employment-law-hub/ai-literate-my-staff-yes-because-brussels-said-so
8. HR Developments ⚓︎
How should HR handle unethical requests?
As HR professionals, we often find ourselves in uncomfortable situations when asked to undertake actions that conflict with our professional ethics or legal obligations. The CIPD professional map emphasises that ethical practice and professional courage are fundamental to our role as guardians of organisational integrity. When faced with requests that cross ethical boundaries, HR Magazine outlines some options you can consider:
https://www.hrmagazine.co.uk/content/comment/how-should-hr-handle-unethical-requests
Why is swearing so prevalent in workplaces?
A survey has revealed that more than half of workers hear swearing every single day in their workplaces. 100 people across a number of industries and sectors were asked, how common swearing is in their workplace. A total of 52% said they hear swearing every day, 26% said it’s a couple of times a week, 10% said they hear it a couple of times a month and 12% reported that they never hear anyone swearing at work. Catch up with the ‘beeping’ article here:
https://www.thehrdirector.com/business-news/culture/swearing-prevalent-workplaces/
Court hears case on whistleblowing protections for external job applicants
The Court of Appeal is considering whether whistleblowing protections should be extended to external job applicants, after a charity submitted that the law is inconsistent with human rights legislation. Currently, the scope of whistleblowing protections does not include external job applicants, except for people applying to the NHS under the Employment Rights Act 1996 (ERA 1996). Other workers, such as people doing work experience or agency workers, are also protected. But because of the lack of legal protections, job applicants who blow the whistle in other sectors risk being blacklisted and can effectively be excluded from working in their chosen field again. More from Personnel Today:
https://www.personneltoday.com/hr/whistleblowing-protections-for-external-job-applicants-sullivan-v-isle-of-wight-human-rights-protect/
C-Suite shakeups ahead: How HR can prepare for leadership changes
Within the next two years, over half of C-Suite executives are likely or extremely likely to depart from their current roles, according to a survey conducted by Gartner among over 200 executives. The findings could pose massive challenges for HR leaders who are already burdened with ongoing change management. But there are some steps they can take to be proactive and get ahead of this, and potentially even work to retain those execs who are questioning leaving, according to workplace experts. WorkLife has more on this:
https://www.worklife.news/leadership/c-suite-shakeups-ahead-how-hr-can-prepare-for-leadership-changes/
9. Employment News in the Media
An ex-Foreign Office civil servant who lost her job after blowing the whistle on the department’s handling of the 2021 evacuation of Kabul has won her case for unfair dismissal. The Employment Tribunal said the Foreign, Commonwealth and Development Office unlawfully removed Josie Stewart’s security clearances and unfairly dismissed her in 2022 after she told BBC Newsnight about the department’s handling of the Afghanistan crisis. In the first case of its kind, the Employment Tribunal ruled that, under whistleblower protection legislation, it can be lawful for a civil servant to share unauthorised information directly with the media. More from Civil Service World:
https://www.civilserviceworld.com/professions/article/josie-stewart-wins-landmark-civil-service-whistleblowing-case
A French woman is suing an Edinburgh charity alleging she was unfairly dismissed for her "broken English" and nationality. Lydia Magloire took legal action on the basis of racial and ethnic discrimination, against her former employers at Earth in Common. At the Edinburgh Employment Tribunal, Ms Magloire claimed she was “humiliated” by the company on the basis of her English proficiency. More from the Daily Record:
https://www.dailyrecord.co.uk/news/scottish-news/woman-sues-scots-charity-claiming-34711774
A woman who claimed the British Library was too noisy to work in has reportedly won £7,500 in an employment tribunal. Lidia Kogut sued the King’s Cross institution for “failing to make reasonable adjustments” and won her case this week. The tribunal heard that the library, her employer, failed to provide her with a quieter workstation or offer an alternative role. The ruling concludes a long-running case, which the British Library had attempted to have dismissed in 2023. More from the Standard:
https://www.standard.co.uk/news/uk/british-library-worker-wins-tribunal-claiming-too-noisy-b1211342.html
SNP ministers have been accused of “bleeding taxpayers dry” after new research found “no evidence” that bigger pay packets have improved retention rates for staff. The Scottish Government has often boasted that public sector workers are better paid north of the Border. But the new research has found no evidence the high rates of pay in Scotland have boosted the ability to retain staff. More from the Scotsman:
https://www.scotsman.com/news/politics/bleeding-taxpayers-dry-snp-warned-no-evidence-higher-pay-helping-to-retain-public-sector-staff-4995520
A woman has been awarded a payout of more than £93,000 after her boss fired her while she was ill from her pregnancy by sending her a text with a jazz hands emoji. Paula Miluska started working from home in November that year due to morning sickness, a tribunal heard. However, after asking her boss whether she could take a week off with the sickness persisting, he responded days later with a message which appeared to end her employment with the company. Ms Miluska took the business to an employment tribunal and has now been awarded compensation of £93,616.74 after a judge concluded she was unfairly sacked. LBC news has more on this:
https://www.lbc.co.uk/news/uk/woman-awarded-93k-payout-boss-fires-morning-sickness-jazz-hands-emoji/
10. 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.
Workplace ‘banter’ cause of 57 GB tribunal claims in 2024
Research carried out by GB law firm GQ Littler found discrimination and bullying were among the allegations made by disgruntled workers who took legal action against their employers. The employment law firm is now warning organisations that they could face uncapped claims as unchecked workplace banter is blurring the line between fun and harassment. Among the cases reported – which amounted to more than one per week – were those relating to “jokes” that included racist, sexist or homophobic elements. Personnel Today has more on this:
https://www.personneltoday.com/hr/workplace-banter-cause-of-57-tribunal-claims-in-2024/
11. Free Webinars This Month
RESCHEDULED: Employment Law at 11: preparing for change in 2025
Join us for the (re-scheduled) first Employment Law at 11 webinar of 2025 and get ready for change!
Big changes are on the horizon for employment legislation in Northern Ireland, and HR professionals need to be ready. Join us for a focused 45-minute webinar where Christine Quinn of Legal Island will chair the discussion, with legal expertise from Seamus McGranaghan of O’Reilly Stewart Solicitors, to help you prepare for what’s coming in 2025 and beyond.
We’ll cover:
- 'Good Jobs' Bill
- Draft Programme for Government
- Domestic Abuse (Safe Leave)
Understand how these developments could impact your organisation and what steps you can take to stay ahead.
Bring your questions and Christine will put them to Seamus live!
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 gosia@legal-island.com. Anonymity assured.
REGISTER HERE: https://attendee.gotowebinar.com/register/9185486610050105433?source=WR
All of our Legal Island webinar recordings and searchable transcriptions are posted online within this section of our employment law hub and are available to stream and research:
Legal Island | Webinars and Podcasts
Enjoy the weekend.
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