Top 5 for Busy People: 

1. Legal Island makes it big in the EU! 💫
2. AI-generated complaints in the workplace present new challenges – survey 💻
3. Judge rejects claims of alleged bias at employment tribunal 👩‍⚖️
4. 7 Ways to Avoid Key Mistakes Relating to Neurodiversity at Work 🧠
5. What The Celebrity Traitors teaches HR about unconscious bias and decision making 📺
   

In other news................We’re excited to announce the return of our HR Network! Our upcoming HR Network Lunch at Cafe Parisien, Belfast on Wednesday 3rd December (12:30–2:00pm) is already filling up. Join peers, the Legal Island Knowledge Team and Legal Island MD Jayne Gallagher for good food, great conversation, and a DEI chat with expert Jude Copeland. A few limited places remain, so if you’d like to attend this FREE networking get-together, please contact kerry@legal-island.com directly. RSVP by 5pm on Monday 24th November.

**Please note that a small number of people are experiencing some issues with our website, which may have impacted your view of the Friday Round-Up. If this is the case, please hold down Ctrl, Shift and the 'R' key. Hopefully this resolves any technical issues and you can view the full Friday-Round-Up. We apologise for any inconvenience in this regard.**

1. Case Law Reviews
2. AI and Employment Law
3. Data Protection
4. Is working from home working?
5. Philosophical belief
6. Just in Case You Missed It...
7. HR Developments
8. Employment News in the Media
9. GB Developments
10. Health & Safety Developments
11. Free Webinars This Month

Maguire v Kelly [2025] NIIT 53979/24

Summary Description: 

Claimant entitled to a range of pay based awards when the respondent had not paid him correctly.  Claimant also entitled to four weeks’ gross pay for failure to provide a written statement of particulars.

Claimant: 

Michael Joseph Maguire

Respondent: 

Brendan Kelly

Practical Guidance for Employers:

On the face of it, a fairly straightforward case of the employer not fulfilling clear obligations relating to pay.  The clearest learning point here can be from the lack of written statement of particulars and the award of four weeks’ gross pay.  Employers should be aware that this is a legal requirement and should be given when an employee begins their employment.  This also has a second benefit of ensuring that the key aspects of the employment are well set out in writing and clear should an issue arise.

Read the Review in full: Maguire v Kelly [2025]

Sharma v University of Nottingham [2025] EWCA Civ 1457

Summary Description: 

Adjustments not required for a claimant in conducting their appeal when it was only a one-day hearing rather than a multi-day hearing with witnesses and live evidence.

Claimant: 

Rohit Sharma

Respondent: 

University of Nottingham

Practical Guidance for Employers:

It may be a surprise that there’s no legislative duty upon judicial functions in making a reasonable adjustment.  However, that does not mean there is no duty at all as it is part of the common law duty of fairness.  That then needs to be applied in context and when it came to a one-day appeal on a narrow legal point the wide range of adjustments were not required compared to a case in which there would be hearing of evidence and questioning of witnesses.  This is especially useful in the context of personal litigants who are conducting the running of their hearing and the adjustments that they may need in doing so rather than just an adjustment for a witness to give their evidence.

Read the Review in full: Sharma v University of Nottingham [2025]

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These case reviews were written by Jason Elliott BL.  NI Tribunal decisions are available on the OITFET website.

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.

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Legal Island makes it big in the EU!

We heard this week that Legal Island is just one of four organisations in the UK now listed in the Repository of AI Literacy Practices which is designed to share good practices relevant to boosting AI literacy in the workplace. More information here.

AI-generated complaints in the workplace present new challenges – survey

The use of artificial intelligence (AI) is having an increasingly significant impact on workplace lawsuits according to a survey by UK law firm Irwin Mitchell. According to a poll of 200 HR professionals more than half (50%) had dealt with complaints from employees that are suspected to have been generated by AI. This article from Tech Central looks at how employers should approach the issue.

And here's an insight into how to respond if you receive one..............

How to respond to rise of AI-generated workplace grievances

A third of businesses claim workers are also using it to prepare for legal action such as employment tribunals, according to a survey by Irwin Mitchell, which explores the growing presence of AI tools in workplace disputes. The national law firm, which polled 200 HR professionals, says employees are increasingly turning to AI platforms and adds it is fuelling unrealistic expectations among employees and making workplace disputes harder to resolve. The Recruiter has more on this story.

AI for HR Weekly Podcast with Barry Phillips 🎙️
This week's episode: Will the US Succeed in Trumping the EU AI Act as well as D&I?

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How can we expertly prepare for ‘inevitable’ cybersecurity breaches?

Leaders from BearingPoint, Deloitte and Workhuman explore how global organisations can better protect their systems in an increasingly vulnerable world. According to Benjamin Stemmler, a technology architect at BearingPoint, “Breaches are becoming bigger” and “those who don’t do their homework will become victims” of a crime that can be devastating on an organisational and personal level. But it isn’t just the smaller companies who suffer. Read more.

Cyberattacks cost UK firms £200k, government study finds

New research published by the government suggests that the average cost of a significant cyberattack for businesses in the UK could be as high as £195,000. When looked at on a national level, the annual cost to the UK economy could be £14.7bn or 0.5% of the UK’s gross domestic product (GDP) according to a government-commissioned report from KPMG. Public Technology has more on this story.

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The Select Committee on Home-Based Working in the UK was appointed by the House of Lords “to consider the effects and future developments of home-based working in the UK”.

The report has been published and findings include:

• around 80% of those who did not work from home were unable to do so, with the remainder not working from home despite being able to do so
• hybrid working levels vary significantly by region, and were notably higher in London at 39%
• hybrid and fully remote working levels were considerably higher among workers with a degree or equivalent qualification
  

You can read more here.

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Judge rejects claims of alleged bias at employment tribunal

The BBC reports a judge has rejected claims of bias in an employment tribunal between Belfast Film Festival and ex-employee Sara Morrison, who alleges discrimination over her views on sex and gender. On Friday, Morrison’s legal team requested the judge and two panel members recuse themselves. Judge Sturgeon denied the request for herself and Michael McKeown, while Prof Deborah Boyd stepped down voluntarily due to health reasons. More here.

And more on this case.................

Gender critical case: Belfast Film Festival chiefs deny plot to oust woman from job over political views

A lawyer representing former festival employee Sara Morrison suggested during a tribunal today that high-ups concocted a plan to get her out of her role as inclusion and audience development coordinator, after she made a speech at a political rally run by a prominent critic of trans rights. More from the News Letter.

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Ensuring a fair investigation with limited on-site staff: How do I Handle it?

This month’s problem concerns:

"An employee has raised complaints about the Shift Manager’s behaviour. We have a small headcount of employees and the only people available to investigate the allegations work on the same site as the complainant. How do we ensure a fair, independent process?" Emma Doherty of Tughans gives her view.

'J' is for Jurisdiction in Cross-Border Employment

As organisations embrace flexible working and international talent, the question of jurisdiction—which country’s laws apply to an employment relationship—has become critical. For employers operating across Republic of Ireland (ROI), Northern Ireland (NI), and Great Britain (GB), understanding these rules is not just a legal technicality; it’s a business necessity. Niall Higgins of AAB People has more here.

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HR teams admit they are behind on pay transparency

Almost half (45%) of HR professionals say their organisation is not where it should be on pay transparency, according to new findings from HR and payroll software company Cezanne. The report, Pay transparency uncovered: Are employers falling behind?, which gathered responses from more than 300 HR professionals, also revealed that only 18% feel they are ahead of the pace on making pay structures more open. More.

Inclusivity is improving but challenges persist

Over three-quarters of U.K. employees (76%) feel part of an “inclusive team”. This is considerably higher than the global average of just 32%, suggesting that the U.K. is heading in the right direction with diversity, equality and inclusion (DE&I). Inclusivity challenges still persist, however, with the report advising that more needs to be done at a team level to ensure all employees feel included, valued and respected. You can read more from HR Director.

Reimagining meetings: How AI can help us protect our most precious resource

According to a recent Flex Index survey of global knowledge workers 32% spend most of their week in meetings, yet fewer than half (48%) find them effective. So, why do meetings often go sideways? This article from Dropbox outlines how they addressed it.

What The Celebrity Traitors teaches HR about unconscious bias and decision making

After weeks of nail-biting roundtables and banishments on The Celebrity Traitors, the nation was gripped. But why? Because beneath the drama and betrayals, we’re fascinated by the intricacies of human decision making. As in the show, everyday organisational choices are often shaped by hidden assumptions rather than objective facts. Unconscious bias refers to automatic, unintentional judgements or stereotypes about people or groups that influence behaviour without conscious awareness. These biases steer decisions and actions and, from an employment law perspective, may connect to discrimination. People Management has more.

7 Ways to Avoid Key Mistakes Relating to Neurodiversity at Work

In an age where you are increasingly expected to be able to navigate neurodiverse workplaces, but may feel a little underprepared to do so, this article from uptimize put together the following list of key mistakes to avoid in your day to day work. Being aware of these potential pitfalls will help you immediately contribute to greater neuroinclusion. Read here.

Skill Builder for HR: Neurodiversity at Work

Legal Island's Skill Builder for HR series is a set of monthly ninety minute sessions created for senior HR leaders who want practical tools they can put to work straight away. This session on Neurodiversity at Work is led by Dr Susan Hill from Medmark, who will guide you through what neurodiversity looks like in everyday working life and how small changes can unlock big gains in engagement and performance.

Expect expert insights, real examples, peer discussion and clear do’s and dont’s for supporting different working styles. You will come away with practical strategies for creating an inclusive environment, boosting productivity and tackling the challenges that can quietly hold teams back. Read more here.

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An employment tribunal has ruled that a former Amazon UK worker was not unfairly dismissed following a dispute around absence management policies. Annette Hall began working as a fulfilment centre associate at Amazon in June 2019. The employer introduced a health review process change pilot in some of its locations in June 2023, where there was no longer a formal requirement for an informal health review before moving to a formal one when returning from sick leave. You can read more about this from Employee Benefits.

Women’s Super League referee Lisa Benn has told an employment tribunal she lost her place as an international official after speaking up about an incident involving a senior Professional Game Match Officials Limited (PGMOL) coach/instructor. Benn says that at a PGMOL-run Video Assistant Referee (VAR) training event in March 2023, Steve Child, a former Premier League assistant referee and respected coach inside the organisation, “forcefully pushed her” while trying to hurry her back on to the pitch after a long delay caused by an injury. Inside World Football has more here.

The boss of a beleaguered health board embroiled in a legal battle with a gender critical nurse is to take early retirement. NHS Fife chief executive Carol Potter announced she would formally step down from her £147,000-a-year role next summer amid the looming fallout of the Sandie Peggie employment tribunal. More from the Daily Mail. 

An employment judge has condemned “unconscionable opportunism” by a Cornish law firm in seeking to “capitalise” on a procedural error by a disabled receptionist who claimed constructive dismissal. Judge Smail said the claimant, a litigant in person, thought she was accepting a settlement proposed by Sproull Solicitors when she wrote to the tribunal withdrawing her claim, before ACAS declared the settlement as binding. Legal Futures has more on this.

A former FBI employee has sued the agency, Director Kash Patel and Attorney General Pam Bondi, claiming he was unjustly fired for displaying an LGBTQ Pride flag at his desk. David Maltinsky filed the suit in Washington D.C.’s federal district court, alleging that his First and Fifth Amendment rights were violated, according to a press release issued by his attorney. He is requesting that the court return him to his job and compensate him for lost wages. More from the Independent.

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NB: Please note these articles relate to GB and do not apply in Northern Ireland, unless otherwise stated.

Employment Rights Bill: Parliamentary ping-pong persists

Personnel Today reports the Parliamentary ping-pong over the GB Employment Rights Bill continued this week, with various provisions being sent back from the House of Lords for further review and debate in the Commons. There has been shuttling back and forth on the Bill since October, with concerns growing that the political impasse could delay its progress to Royal Assent and implementation. More.

Don’t wait for ERB clarity to review recruitment and performance management, warns CIPD

The CIPD is urging businesses to review hiring and people management practices ahead of major reforms to unfair dismissal rules under the Employment Rights Bill. One of the most significant reforms would see the two-year qualifying period for unfair dismissal replaced with a nine-month statutory probation period, and a new ‘light touch’ process for dismissing staff during this time. More from CIPD.

Beyond the Employment Rights Bill - What electronic and workplace balloting could mean for GB employers

The UK government has launched a consultation on a draft statutory Code of Practice on electronic and workplace balloting for statutory trade union ballots (the draft Code), alongside a detailed draft Code and impact assessment. These proposals sit alongside the Employment Rights Bill (the ERB) and are a key part of the government’s ‘Make Work Pay’ agenda. This blog from Freshfields highlights the new balloting methods being proposed, the policy aims behind them and what they could mean for employers.

How flu season can prepare workplaces for changes to Statutory Sick Pay

One of the key changes in the upcoming GB Employment Rights Bill is in how Statutory Sick Pay works. With forecasters predicting high employee absence levels this winter, how can HR teams use this period to prepare? Personnel Today provides guidance. More here.

Lack of confidence in employers’ ability to prevent sexual harassment

Nearly half of UK HR professionals (49%) say they are not fully confident their employer can prevent workplace sexual harassment, and one in five workers report that their company provides no training on the issue. These findings come from a new survey, which warns that many businesses are underprepared for stricter legal duties to curb harassment under the upcoming GB Employment Rights Act. HR Director has more. 

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NI firm fined £10,000 after employee injured when a metal frame fell on his foot

The Health and Safety Executive of Northern Ireland reports that following an investigation by the Health and Safety Executive for Northern Ireland (HSENI), County Antrim engineering company, Maine Surface Finishing Ltd has been fined for failing to ensure the safety of employees during lifting operations. Red more.

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Employment Law at 11 is taking a well-earned break for November and December but don’t worry, we’ll be back in 2026, refreshed and ready to dive into more of the latest in employment law!

Enjoy your weekend!

Legal Island

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