Watching the Euros is like working in HR: there's always someone complaining, faking an injury, or acting like a prima donna. At least in HR, there's a 3-month limitiation period, so no one can go on about something from 1966........
This week's top 5:
- Seven out of 10 new fathers say they can't afford to take time off
- Potential disability claim where disciplinary decision influenced by disability-related conduct during investigatory process
- AI usage up 66 percent – but the right tasks aren’t being offloaded
- Pobody’s nerfect: Undermining the terror of an error
- 37% of European employees are stressed out - how is your workforce faring?
And in other news...............there's still time to sign up for THIS MORNING'S Employment Law at 11 webinar - Mark McAllister will be joining Seamus - REGISTER NOW!
- Case Law Reviews
- AI and Employment Law
- Flexible working
- DEI
- Post Office accidentally leaks names and addresses of wrongfully convicted operators
- Reversing the £1billion cost of workplace conflict
- One-third of employees feel less engaged due to personal finance issues
- Amazon to invest a further £23 million in skills training for UK employees
- Just in Case You Missed It...
- HR Developments
- Employment News in the Media
- GB Developments
- Health and Safety Developments
- Free Webinars this Month
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1. Case Law Reviews
Young v Metropolitan Police Commissioner [2024] EAT 55
Summary Description: An attempt to group various reasons for absence into one umbrella relating to fibromyalgia was rejected as the matters did not match up on an evidential basis.
Claimant: Hayley Young
Respondent: Metropolitan Police Commissioner
Keywords: Disability Discrimination; Unfair Dismissal
Practical Guidance for Employers:
An interesting case where the Tribunal and the EAT did an analysis between the reason for the absences and the disability then claimed by the claimant. It was found that there was insufficient evidence to link those disparate matters into a long-term, substantial impairment. For employers it is important to ensure that the reason for absence is correctly noted and retained as it may have to be used in evidence if absenteeism continues to be an issue.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/june/young-v-metropolitan-police-commissioner-2024/
Pady & Others v HMRC & Others [2024] EAT 73
Summary Description: Bringing a similar claim to one that had been decided upon with other claimant as an abuse of process when the claimants were aware of the decision in that and that the same issues applied to them.
Claimant: Alexander Pady & Others
Respondent: HMRC & Others
Keywords: Age Discrimination; Redundancy; Procedure
Practical Guidance for Employers:
There are a number of actions taken by various parties all arising from the same policy or process especially as it relates to holiday pay or pensions. For those involved in those actions, this decision of the EAT may be useful. The EAT makes it clear that an issue cannot be re-litigated when the Tribunal has sought to manage it with a preliminary hearing for some of the claims relating to the same issue. It would be for those parties to seek to make representations rather than ‘sitting on their hands’ and then seeking to re-litigate at a later point.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/june/pady--others-v-hmrc--others-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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2. AI and Employment Law
Generative AI as a strategic partner in performance review
Discover how generative AI tools like ChatGPT are transforming HR, making performance reviews fairer, personalised, and continuous:
https://www.hrdconnect.com/2024/06/17/generative-ai-as-a-strategic-partner-in-performance-review/
AI usage up 66 percent – but the right tasks aren’t being offloaded
AI usage in UK workplaces is up 66% since September 2023 according to a survey by Slack. However, instead of allocating time saved by AI toward strategic or high-value activities, like building skills, the #1 activity workers expect to prioritise with the time saved by AI is administrative tasks. 94% of UK desk workers do not consider AI outputs completely trustworthy for work-related tasks. HR Director has more here:
https://www.thehrdirector.com/business-news/ai/ai-usage-66-percent-right-tasks-arent-offloaded/
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3. Flexible working
Embracing summer flexibility for enhanced productivity
With extended daylight and rising temperatures, many employees find it increasingly difficult to maintain their usual levels of productivity. This phenomenon, often called “summer slack,” can lead to a significant decline in engagement and output, posing a challenge for businesses. Some innovative companies are turning this seasonal slump into a season of success with summer working hours. HRD Connect outlines how in this article:
https://www.hrdconnect.com/2024/06/13/embracing-summer-flexibility-for-enhanced-productivity/
Hybrid workers more productive and less stressed
Hybrid working helps employees stay motivated, improves productivity, increases job satisfaction and reduces symptoms of burnout, research has found. Three-quarters of employees said they had seen a dramatic reduction in feelings of burnout since switching to hybrid working, while a similar proportion said they were more productive and motivated in their roles. Read more here from Personnel Today:
https://www.personneltoday.com/hr/hybrid-workers-study-2024/
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4. DEI
Periods still a ‘problem’ in some work settings
Menstrual periods are still seen as a ‘problem’ in workplaces including laboratories, oil rigs and outdoor settings, where toilet facilities and uniform policies can be a concern. This is according to researchers at Heriot-Watt University, who found that menstruation is still seen as a “cultural taboo” in many work environments, while neurodivergent people and those with long-term conditions or disabilities face additional barriers to managing their periods at work. More:
https://www.personneltoday.com/hr/periods-still-problem-at-work-research/
New fathers ‘forced’ to take holiday to top up paternity leave
A third of new fathers were forced to take holiday to spend time with their newborn thanks to low paternity leave allowances, according to research from insurance company Zurich. It found that half of new dads take the statutory two weeks’ leave, and of those who take no time off, seven out of 10 said this was because they couldn’t afford it. Read in full:
https://www.personneltoday.com/hr/paternity-leave-take-holiday/
Potential disability claim where disciplinary decision influenced by disability-related conduct during investigatory process
Employers deciding whether to instigate a disciplinary process after an investigation, or determining the level of disciplinary sanction, should consider carefully whether their reasons for taking these steps could have been influenced by behaviour during the process which is connected with the employee's disability. For example, certain mental impairments such as anxiety or depression could mean that an employee behaves more defensively or evasively in interviews. If this is at least part of the reason for taking a particular disciplinary step (and the employer had actual or constructive knowledge of the disability), the employer could be liable for a 'discrimination arising from disability' claim (subject to a justification defence). More from Lexology:
https://www.lexology.com/library/detail.aspx?g=d14c912b-99a1-44bc-8e91-08bd9a990762&utm
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5. Post Office accidentally leaks names and addresses of wrongfully convicted operators
A story which difies belief................
The Post Office has launched an “urgent” investigation and referred itself to the data watchdog after it accidentally published the names and addresses of hundreds of post office operators on its corporate website. The state-owned body published the personal details of 555 people who had been involved in suing the Post Office in a high court lawsuit in 2019. It paved the way for post office operators convicted of theft and false accounting to be exonerated by the courts. Read more:
https://www.theguardian.com/uk-news/article/2024/jun/20/post-office-accidentally-leaks-names-and-addresses-of-wrongfully-convicted-operators
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6. Reversing the £1billion cost of workplace conflict
A research report commissioned by the Labour Relations Agency (LRA) reveals that ‘good jobs’ could help reverse the cost of workplace conflict within Northern Ireland, which burdens employers and the local economy with a staggering £1billion in costs per year. Authors of the report, Professor Chris Warhurst and Dr Emily Erickson from Warwick Institute for Employment Research, demonstrated the links between good jobs and increased innovation, productivity, and employee health and wellbeing:
https://www.lra.org.uk/Latest-News/reversing-ps1billion-cost-workplace-conflict
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7. One-third of employees feel less engaged due to personal finance issues
An Engage for Success UK employee engagement survey 2023, run in partnership with Nottingham Business School, found:
Respondents who agreed that senior leaders and managers adequately prioritised people issues showed significantly higher engagement scores
Two-fifths of the 3000 respondents did not feel this way, had negative views and higher levels of unmanageable stress. This was more notable among those experiencing cost-of-living issues, people with long-term health conditions and employees from the LGBTQ+ community.
Those with no access to wellbeing resources had an engagement index score of 55%, whereas those with five or more wellbeing resources available achieved a score of 73%.
More from Employee Benefits:
https://employeebenefits.co.uk/one-third-of-employees-feel-less-engaged-due-to-personal-finance-issues/
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8. Amazon to invest a further £23 million in skills training for UK employees
The news comes as a study by the online retail giant found that 61% of UK workers believe that on-the-job-skills training or apprenticeships are more valuable for preparing people for work than traditional university degrees. The The Amazon Future of Work & Career Development European study also found that 79% of UK employees think it is important to learn a new skill to improve their career path in the next 12 months. More from Retail News:
https://www.theretailbulletin.com/general-merchandise/amazon-to-invest-a-further-23-million-in-skills-training-for-uk-employees-19-06-2024/
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9. Just in Case You Missed It...
Implementing AI tools: How do I Handle it?
This month’s problem concerns the use of AI to monitor employee site access, attendance and timekeeping. What are the HR implications and how do you ensure your processes comply with data protection law? Jack Balmer, a Director in the employment team at Tughans LLP, outlines the risks here:
https://www.legal-island.com/articles/uk/features/how-do-i-handle-it/2024/june/implementing-ai-tools-how-do-i-handle-it/
MCS Lunch and Learn: Creating an Inclusive Workplace
Join industry experts Ryan Calvert and Rebekah Mulligan from MCS, alongside Julie Holmes from Legal Island, for an eye-opening webinar exploring the latest recruitment trends – and the path to building diverse, inclusive teams. While diversity is pivotal, it's just the beginning of the journey towards true inclusivity. Learn how to kickstart this journey by establishing a robust talent pipeline, then go further by fostering a positive workplace culture that embraces everyone. If you missed it, you can catch up here:
https://www.legal-island.com/articles/uk/resources/webinars/2024/june/mcs-lunch-and-learn-creating-an-inclusive-workplace-culture/
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10. HR Developments
Workers see on-the-job training as more valuable than degrees
Three in five UK workers think on-the-job training or apprenticeships are more valuable than a university degree for preparing people for work. Sixty-one per cent of workers surveyed for Amazon’s future of work and career development study agreed that learning on the job was more valuable than the traditional academic route, with only 31% stating that a university degree is as essential for a good career as it was a decade ago. More from Personnel Today:
https://www.personneltoday.com/hr/on-the-job-training-more-valuable-than-degrees-amazon-survey/
The shape-shifting ghosts haunting the world of employment
Ghosting is a disturbingly common topic in the conversation around employment, but did you know it isn’t just prospective job applicants who are subject to this mean-spirited form of workplace unprofessionalism? Read more:
https://www.siliconrepublic.com/advice/ghosting-professional-workplace-advice-co-worker-employer
37% of European employees are stressed out
New data from Gallup's State of the Global Workplace: 2024 Report show that over a third of employees in Europe are experiencing stress. Employees who find their work meaningful experience fewer negative daily emotions, including stress:
https://www.gallup.com/workplace/349484/state-of-the-global-workplace.aspx?utm_source=state_of_the_global_workplace&utm
My experience with ‘reasonable adjustments’
JJ Thompson, a newly qualified litigation associate, outlines in this Law Gazette article how her usual coping strategies for ADHD and dyspraxia weren’t as effective in work. Symptoms that never held JJ back academically now created issues at work on an almost daily basis:
https://www.lawgazette.co.uk/wellbeing/my-experience-with-reasonable-adjustments/5120017.article
Pobody’s nerfect: Undermining the terror of an error
No matter who you are, how hard you try or how much you want to avoid it, we all make mistakes in life and in our jobs. Learning how to take those missteps and grow is a valuable life skill. More here from Silicon Republic:
https://www.siliconrepublic.com/advice/pobodys-nerfect-undermining-terror-of-an-error-foundational-skills
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11. Employment News in the Media
US banking giant Wells Fargo has sacked a number of employees following claims that staff were faking keyboard activity to fool the company into thinking they were working when they were not. It is not yet clear how the issue was discovered or whether it was specifically related to people working from home. The US bank said staff had been fired or resigned "after review of allegations involving simulation of keyboard activity creating impression of active work". More from the BBC:
https://www.bbc.co.uk/news/articles/cjll01220yeo
Britain’s richest family spent more money on their pet dog than they did on one of their servants, a Swiss court has heard. Prosecutors have called for the billionaire Hinduja family to face jail time over allegations of trafficking and exploitation of staff at their Lake Geneva villa. Speaking at a hearing at Geneva’s criminal court on Monday, prosecutor Yves Bertossa said: “They spent more for one dog than one of their servants.” Mr Bertossa claimed that one woman was paid as little as seven Swiss francs (£6.19) to work for up to 18 hours a day, seven days a week, Bloomberg reported. Meanwhile, he cited a budget document entitled “Pets”, which he said showed how the family spent 8,584 Swiss francs in a year on their family dog. More from the Telegraph:
https://www.telegraph.co.uk/business/2024/06/17/billionaire-hinduja-family-spent-more-dog-than-servants/
Consultants in Northern Ireland have suspended their forthcoming industrial action. The British Medical Association (BMA) has announced that the Department of Health have put forward a credible pay offer that it wishes to explore further. The senior doctors were due to take part in a 24-hour walk out from 26 to 27 June. The BBC has more on this story:
https://www.bbc.co.uk/news/articles/clww578r4q1o
Snapchat Inc. will pay $15 million to settle a lawsuit brought by California’s civil rights agency that claimed the company discriminated against female employees, failed to prevent workplace sexual harassment and retaliated against women who complained. The settlement with Snapchat Inc., which owns the popular disappearing-message app by the same name, covers women who worked for the company in California between 2014 and 2024 reports Yahoo: https://www.yahoo.com/news/snapchat-inc-pay-15-million-223121997.html
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12. 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.
Labour manifesto pledges on employment
Labour's manifesto commits to implementing in full the proposals set out in its policy document 'Labour's Plan To Make Work Pay: Delivering A New Deal For Working People'. This contains a number of potentially significant policies relating to employees and workforce relations. Read Mischon de Reya’s take:
https://www.mishcon.com/news/labour-manifesto-pledges-on-employment
And for a different angle:
https://www.thehrdirector.com/legal-updates/legal-updates-2024/might-labours-proposals-employment-law-affect-employers/
New policies needed if UK is to close gap in essential employment skills
Up to seven million workers in England may lack the essential employment skills (EES) they need to do their jobs by the year 2035. In what is claimed by the National Foundation for Educational Research (NFER) to be the first study of its kind, it was found that the proportion of workers in England with “substantial” EES deficiencies – meaning the skills requirements of their jobs surpass the skills they possess – may grow from 13% of workers (3.7 million people) in 2023 up to 22% (seven million) in 2035 unless urgent action is taken. More from Personnel Today:
https://www.personneltoday.com/hr/new-policies-needed-if-uk-is-to-close-gap-in-essential-employment-skills/
Change to corporate law that puts people, planet and profit on more equal footing
New research by B Lab UK reveals strong public support for the Better Business Act, which aims to amend Section 172 of the Companies Act to prioritise people and the planet alongside profit. HR Director has more here:
https://www.thehrdirector.com/business-news/absence-management/change-corporate-law-puts-people-planet-profit-equal-footing/
Specialist doctors in England accept pay deal
Specialist, associate specialist and specialty (SAS) doctors in England have accepted a pay deal that will see their wages increase by up to 19.4%. Seventy-nine per cent of SAS doctors who voted in a ballot organised by the British Medical Association said they would accept the government’s pay deal, which was the second offer presented to the union’s specialist and associate specialist committee. More from Personnel Today:https://www.personneltoday.com/hr/specialist-doctors-in-england-accept-pay-deal/
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13. Health and Safety Developments
Local council fined following death of employee
Causeway Coast and Glens Borough Council was sentenced at Antrim Crown Court for a health and safety offence, following the death of a 51-year-old employee in Limavady in 2018. The Council pleaded guilty to failing to ensure the health, safety and welfare of its employees and was fined £75,000. John Winton was struck by a bin lorry as it was reversing and sadly died at the scene:
https://www.hseni.gov.uk/news/local-council-fined-following-death-employee
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14. Free Webinars this Month
Employment Law at 11 Special – Horizon Scanning with special guest Mark McAllister
TODAY! (11:00am - 11:45am)
In a break from tradition, our monthly Employment Law at 11 returns on 21st June 2024.
Join Seamus McGranaghan of O’Reilly Stewart solicitors and Legal Island’s Christine Quinn as they welcome special guest Mark McAllister, incoming Chief Executive of the Labour Relations Agency, for an Employment Law at 11 special.
The NI Assembly is back, and rumours abound about what’s in store in employment law in the coming 18 months – and forewarned is forearmed!
Mark will be dusting off his crystal ball, normally reserved for Legal Island’s Annual Review of Employment Law in November, to cut through the rumours and give insights on what to expect from Stormont. As always, Seamus will be offering his expert legal opinion on what steps you can take now to make sure your organisation is ready, come what may.
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/7561979620020289629?source=WR
Check out previous discussions:
https://www.legal-island.com/resources/any-questions-webinars/
Enjoy the weekend.
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