⏳ Short on time? Catch up fast with this week’s Top 5 Must-Reads:

1. ⚖️ Worker wins case after sacking over 'throw colleague from window' joke
2. 🧠 Parent Burnout: Why employee wellbeing needs a family focus
3. 💰 Blog: Rising Costs & NI Hikes: Navigating employee benefits & contract changes: What HR needs to know
4. 🏢 Big firms tone down DEI talk amid US policy shifts
5. 🤖 Careers AI won't replace in the next 20 years

And in other news.....💻join Seamus and Christine at the next FREE Employment Law at 11 webinar on Friday 4th April📅 REGISTER HERE!

**If you have any difficulties accessing the article or resetting your password (if you haven’t already done so in 2025) please email hub@legal-island.com and we’ll be in touch with you as soon as possible.**

1. Case Law Reviews
2. AI and Employment Law
3. DEI
4. Just in Case You Missed It...
5. HR Developments
6. Employment News in the Media
7. GB Developments
8. Free Webinars This Month

Gourlay v West Dunbartonshire Council [2025] EAT 29

Summary Description: 

EAT allowed appeal relating to a remedy hearing where the claimant’s future loss award was reduced by 80% relating to the likelihood that he would have been given ill-health retirement for another reason than the episode caused by the discriminatory conduct. The wrong question was asked by the Tribunal, so the appeal was allowed.

Claimant: Brian Gourlay

Respondent:  West Dunbartonshire Council

Keywords: Discrimination; Remedy

Practical Guidance for Employers:

This case provides a useful insight into the particularities as they pertain to remedies and how awards for future loss should be given where discrimination has caused harm to the extent that an individual cannot work.  The question to be asked, as noted by the EAT, is whether it was possible that a lawful and non-discriminatory dismissal would have had the same effect.  This is the key question and as it was not asked the Tribunal’s decision was successfully appealed.

Read the Review in full:
https://legal-island.com/employment-law-hub/gourlay-v-west-dunbartonshire-councilltd-2025

Ofsted v Hewston [2025] EWCA Civ 250

Summary Description:

Court of Appeal dismisses appeal from employer when dismissal was found both substantively and procedurally unfair. Useful guidance given on running an investigation and that complaints should be given as part of the process.

Claimant/Respondent on Appeal:  Andrew Hewston

Respondent/Appellant on Appeal: OFSTED (Office for Standards in Education, Children’s Services and Skills)

Keywords: Unfair Dismissal

Practical Guidance for Employers:

The Court of Appeal provides some useful guidance when it comes to investigations and disciplinary proceedings by stating that obvious good practice is to ensure that a contemporary record of a complaint is made available to the employee.  This was not done and led to procedural issues with the dismissal.  However, there were substantive grounds as there was no bright line between the employee’s action here and any reasoning why the employee would believe that it would lead to action amounting to gross misconduct.  This was, in part, because there was no policy prohibiting the conduct.

Read the Review in full:
https://legal-island.com/employment-law-hub/ofsted-v-hewston-2025

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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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Experts in AI look at the jobs AI can't take over the next 20 years

The astonishing speed at which generative artificial intelligence (AI) programs such as ChatGPT have taken off has shocked even tech insiders, writes Jonathan Margolis. Only 10 years ago, leading experts were not concerned about the effect on the world of work. "It's nothing new," said the then head of AI for Amazon. "It won't be replacing anyone." When I emailed him this week, he didn't answer. More:
https://businessplus.ie/business-insights/ai-jobs-2/

5 AI mistakes organisations must avoid 

Riverbed’s Fernando Castanheira advises companies not to run before they can walk when it comes to AI implementation. With artificial intelligence (AI) technologies ramping up all the time, implementing AI is now viewed as essential for staying competitive, boosting productivity and driving innovation. Despite the clear promise, recent findings from Riverbed’s Global AI & Digital Experience Survey reveal that many business leaders are still making fundamental errors in their approach to AI integration. These mistakes must be avoided to ensure that AI strategies can evolve from a solid and healthy foundation. After all, you can’t run before you can walk. Read more: 
https://www.siliconrepublic.com/enterprise/ai-mistakes-organisations-avoid-data-strategies-it-cybersecurity-compliance-advice

How GenAI is Transforming HR Visuals – We May Never Have to Visit Istock Again

In this episode, Barry Phillips explores the transformative impact of Generative AI (GenAI) on the creation and use of HR visuals. He discusses how GenAI allows HR professionals to generate bespoke, high-quality images tailored to specific needs, potentially reducing reliance on traditional stock photo platforms. This advancement streamlines the visual content creation process, offering cost-effective and legally safe alternatives for HR materials.

How GenAI is Transforming HR Visuals – We May Never Have to Visit Istock Again
 
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Multinationals to play down DEI achievements in response to US policy

UK law firm GQ Littler has conducted research into levels of concern over the future of corporate DEI which found that despite most (74%) US federal contractors had increasing worries about DEI-related lawsuits, enforcement actions and shareholder proposals, only 8% of company executives surveyed said they were seriously considering DEI programme changes because of President Trump’s executive orders. Personnel Today has more on this:
https://www.personneltoday.com/hr/multinationals-to-play-down-dei-achievements-in-response-to-us-policy/

MoD to launch Violence Against Women and Girls Taskforce

The Ministry of Defence is creating a Violence Against Women and Girls Taskforce as part of efforts to better support women working in the sector. It said the initiative is designed to “drive cultural improvements” and will be led by minister for veterans and people Alistair Carns. The MoD and Armed Forces have faced a litany of concerns over sexual harassment and bullying in recent years. Last summer the department launched a programme of work to set “clear standards and expectations of behaviour” among staff after a series of reports shone light on rates of bullying and sexual harassment.
https://www.civilserviceworld.com/professions/article/mod-set-to-launch-violence-against-women-and-girls-taskforce

£10,000 ‘manifestly excessive’ injury to feelings award reduced on appeal

The Employment Appeal Tribunal has ruled that an employment tribunal’s £10,000 for injury to feelings award for pregnancy/maternity discrimination was manifestly excessive. The only act of pregnancy/maternity discrimination found by the employment tribunal was that the employer had failed to take adequate steps to deal with a grievance which the employee had twice emailed to it, but which had been blocked by its firewall. As there was limited evidence of injury, the Employment Appeal Tribunal concluded that the award was perverse and substituted an award of £2,000. More:
https://www.thehrdirector.com/legal-updates/legal-updates-2025/10000-manifestly-excessive-injury-feelings-award-reduced-appeal/

President Trump’s DEI orders: what do they mean for employers in the Republic of Ireland and Northern Ireland? 

The article by Síobhra Rush, Niamh Crotty, and Paul Gillen from Lewis Silkin examines the impact of President Trump’s Executive Orders rolling back Diversity, Equity, and Inclusion (DEI) initiatives in the U.S. and what this means for employers in the Republic of Ireland and Northern Ireland. More here:
President Trump’s DEI orders: what do they mean for employers in the Republic of Ireland and Northern Ireland?

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Rising Costs, National Insurance Increases and Employee Benefits: Managing Potential Contractual Changes – How do I Handle it?

Jack Balmer of Tughans LLP answers this month's burning question - “Our CEO is concerned about rising costs, especially with the increase in National Insurance costs coming in April. We currently offer generous employee benefits and these have been identified as areas for cost savings. I am concerned that we will be changing our employees’ contractual terms – how do I handle it?” Read more here:
https://legal-island.com/employment-law-hub/rising-costs-national-increases-and-employee-benefits-how-do-i-handle-it-2

President Trump’s DEI orders: what do they mean for employers in the Republic of Ireland and Northern Ireland?

Within days of taking office, President Trump issued orders demanding the rolling back of DEI initiatives within the federal government, federal contractors and – to some extent – the private sector. In this article, we explain how US law differs from Irish and Northern Irish law on DEI, why key initiatives must stay in place, and what impacted companies based in the island of Ireland can be doing now. More:
https://legal-island.com/employment-law-hub/president-trumps-dei-orders-what-do-they-mean-for-employers-in-the-republic-of-ireland-and-northern-ireland

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Harnessing human skills in the hybrid era

Hybrid work, enabled by technology, boosts productivity but risks side-lining human skills like empathy and communication. The loss of informal office interactions can erode trust and teamwork. Businesses must develop virtual connections, redefine leadership, and invest in human skills to build resilient, engaged teams in the evolving workplace. HR Director has more:
https://www.thehrdirector.com/business-news/training_and_development/harnessing-human-skills-hybrid-era/

Rising concerns over the emotional health of parents in the workforce

It has been estimated that improvements in early childhood development would lead to £27.5bn in additional earning for the UK workforce and £11.8bn additional profits for business. A new report suggests that employment practices could impact parents’ emotional health, with knock on impacts on their parenting skills and behaviours, and their children’s development. HR Director has more:
https://www.thehrdirector.com/business-news/mental-health/rising-concerns-emotional-health-parents-workforce/

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Autistic AA driver who joked about dropping colleagues from a window was unfairly sacked by boss who thought it 'incredibly inappropriate' to 'make comments about physical harm', tribunal rules. More form the Daily Mail:
https://www.dailymail.co.uk/news/article-14490121/Autistic-AA-driver-joke-colleagues-window-unfairly-sacked.html

The employment tribunal has struck out a victimisation claim brought by a solicitor against the firm that reported her to the Solicitors Regulation Authority. Georgina Gibbon made the claim against Lincolnshire practice BG Solicitors relying on the single act of the firm making a report to the regulator last June. Sitting at the Nottingham tribunal, Employment Judge McTigue allowed the firm’s application for a strike-out of the victimisation claim, ruling that the report to the SRA was legitimate and protected by absolute privilege. More from the Law Society Gazette:
https://www.lawgazette.co.uk/news/solicitor-cannot-claim-victimisation-for-firms-report-to-sra/5122618.article

The Equality and Human Rights Commission (EHRC) has written to every branch of McDonald’s in England, Scotland and Wales warning that owners could face action if they fail to protect staff from sexual harassment. Earlier this year, UK chief executive Alistair Macrow faced questions from MPs after a series of BBC investigations uncovered hundreds of reports of harassment, even after the company claimed to have introduced measures to keep staff safe. According to the BBC, which has seen the letter sent to 1,400 branches, the continuing allegations have been called “troubling”, and the chain has been warned about “repeated incidents”. More from Personnel Today:
https://www.personneltoday.com/hr/ehrc-mcdonalds-warning/

Google is to pay $28m (£21.5m) to settle racial bias claims against the business, according to lawyers involved in the case. The technology giant had been accused of giving white and Asian workers better pay and career progression opportunities than those from other ethnic backgrounds. According to news agency Reuters, a class action lawsuit was filed on behalf of at least 6,632 individuals who worked at Google between 15 February 2018 and 31 December 2024. Personnel Today has more:
https://www.personneltoday.com/hr/google-agrees-28m-payout-to-settle-racial-bias-claims/

Ice-cream firm Ben & Jerry’s has said its chief executive, David Stever, was being removed by its parent company, Unilever, over the company’s political and social activism. The allegation was part of a legal case filed in a US court by Ben & Jerry’s that says Unilever, which has owned the ice-cream firm since 2000, had broken a merger agreement by trying to silence its “social mission”. More:
https://www.personneltoday.com/hr/ben-jerrys-accuses-unilever-for-sacking-boss-over-activism/

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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.

The Employment Rights (Increase of Limits) Order 2025

This Order increases, from 6th April 2025, the limits applying to certain awards which Employment Tribunals  in England & Wales can make, and other sums payable under employment legislation, as specified in the Schedule to this Order. The increases made by this Order reflect the increase in the retail prices index of 2.7% from September 2023 to September 2024. More here:
https://www.legislation.gov.uk/uksi/2025/348/contents/made

What you need to know:

In GB from 6 April 2025 the following increases will apply:

• Week's Pay limit increases from £700 to £719
  
• Compensatory Award increases from £115,115 to £118,223 (capped in GB to a maximum of a year's salary or this upper limit)
  
• Guarantee Pay increases from £38 to  £39

Note that NI rates differ from those in GB. The Assembly hasn't yet published the anticipated increases for 2025/2026 yet. Watch this space as generally rates here in NI do change and come into effect from 6th April any given year.

P&O Ferries scandal: GB Employment Rights Bill must protect seafarers, urge unions

On the third anniversary of the P&O Ferries scandal, the TUC, Nautilus and RMT have acknowledged that the government has made important strides to stop another P&O Ferries scandal from happening through the Employment Rights Bill. However, the unions are calling for more to be done to prevent unscrupulous employers such as P&O Ferries from treating staff like “disposable labour”. Read more:
https://www.personneltoday.com/hr/po-ferries-scandal-employment-rights-bill-must-protect-seafarers-urge-unions/

Equality (Race and Disability) Bill: government issues consultation on mandatory ethnicity and disability pay reporting for large employers

The government has issued a consultation on how to introduce mandatory ethnicity and disability pay gap reporting for employers with 250 or more employees. It has also published the findings of the consultation on disability workforce reporting carried out in 2021-22. More here:
https://uk.practicallaw.thomsonreuters.com/Document/I5170c6a403e311f08376a2e9ab61a315/View/FullText.html?contextData=(sc.Default)&transitionType=Default&firstPage=true

Enforcing employment rights: insights from 20 countries

Much attention has been paid in the UK government’s Employment Rights Bill to enhancements in employment rights such as extending unfair dismissal to the first day of employment. Much less attention is paid to how effective legal systems are in enabling the enforcement of these rights. In this insight, Ius Laboris compares the British experience with the experience of litigants in 20 other jurisdictions:
https://iuslaboris.com/insights/enforcing-employment-rights-two-case-studies/

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Employment Law at 11

📅 Friday, 4th April 2025 

⏰ 11:00 AM – 11:45 AM 

💻 Online 

Join Seamus McGranaghan of O'Reilly Stewart Solicitors and Legal Island's own Christine Quinn for the next in the Employment Law at 11 series.

Topic coming soon!

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. Or catch up on Spotify, Amazon or Apple Music while you're on the go!

NOTE: – Send your questions in advance to gosia@legal-island.com. Anonymity assured. Please note that the employment law matters discussed in this webinar apply primarily to Northern Ireland.

REGISTER HERE!

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 

You can also catch up with our webinars wherever you get your Podcasts - Spotify, Amazon Music and Apple Podcasts. 

Enjoy the weekend.

Legal-Island