“A bird does not sing because it has an answer, it sings because it has a song.” — Maya Angelou

This week's top 5:

1. Interview with Laura White - HR Manager at Irwin
2. Government to pay full apprenticeship cost for SMEs
3. Employers need to consider better support for working dads
4. Northern Ireland online estate agent invests £250,000 in generative AI technology
5. Why it pays to think differently

And in other news...............your usual Friday Round-up will land in your inbox next THURSDAY 28th April to take account of Good Friday!

CONTENTS

1. Case Law Reviews
2. AI and Employment Law
3. Government to pay full apprenticeship cost for SMEs
4. PSNI: Minister fears force is 'slipping backwards' on LGBT issues
5. P&O Ferries still paying crew less than £5 an hour two years after government pledged minimum wage
6. ICO publishes new fining guidance
7. Lecture unions UCU and NASUWT reject 'insulting' pay offer
8. Neuroinclusion in the workplace – why it pays to think differently
9. 2024 UK’S best workplaces™ unveiled
10. Just in Case You Missed It...
11. HR Developments
12. Employment News in the Media
13. GB Developments
14. Free Webinars This Month

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1. Case Law Reviews

Pipe v Coventry University Higher Education Corp [2024] EWCA Civ 191

Summary Description:
The claimant was not entitled, as a reasonable adjustment, to have a separate promotions process.

Claimant/Appellant: Pipe

Respondent: Coventry University Higher Education Corp

Keywords: Disability Discrimination; Promotions

Practical Guidance for Employers:

The question regularly arises what is reasonable when considering reasonable adjustments?  Whilst there is no set test that can be applied and it has to be contextualised – this case provides such a context.  This was a case in which the claimant wished to have a separate promotions process as a reasonable adjustment.  In that they would be considered outside of the process as set out.   In this case, the Tribunal, EAT and Court of Appeal have recognised that it would not be reasonable by looking at it through the prism of a business case for that particular role and that the policy was proportionate and justified.

Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/march/pipe-v-coventry-university-higher-education-corp-2024/

Wicked Vision Ltd v Rice [2024] EAT 29

Summary Description:
A case in which an amendment to the claim should have been refused due to the failing to show how it affected the rights under the Unfair Dismissal part of the legislation when there was a claim relating to a detriment from a protected disclosure.

Claimant/Respondent in Appeal: I Rice

Respondent: Wicked Vision Ltd

Keywords: Unfair Dismissal; Protected Disclosure

Practical Guidance for Employers:

This case demonstrates some of the legislative hurdles that have to be overcome relating to detriment from a protected disclosure.  The main thrust of the arguments centred upon whether a claim was being brought against the co-worker concurrently when in actual fact as stated by the EAT the focus is whether it would impact on the rights under Part X of the 1996 Act relating to unfair dismissal (Part XI in the NI Legislation).

Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/march/wicked-vision-ltd-v-rice-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

Northern Ireland online estate agent invests £250,000 in generative AI technology

Believed to be the first in the UK and Ireland, Propertynews.com launches AI assistant called Liv to help home movers throughout Northern Ireland, reports the News Letter:
https://www.newsletter.co.uk/business/northern-ireland-online-estate-agent-invests-ps250000-in-generative-ai-technology-4559171

UK employer survey on skills for artificial intelligence

The Department for Science, Innovation & Technology and the Department for Culture, Media & Sport have commissioned research to understand the UK’s artificial intelligence (AI) skills needs now and in the future. The survey explores the perspectives of employers from a range of sectors across the UK. Ipsos has been commissioned to carry out the survey fieldwork, which will take place both online and by telephone between late March and early May 2024. More here:
https://www.gov.uk/government/publications/uk-employer-survey-on-skills-for-artificial-intelligence

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3. Government to pay full apprenticeship cost for SMEs

The government will pay the full cost of apprenticeships for people under the age of 21 at small companies from 1 April. The reform package will create up to 20,000 more apprenticeships, particularly for younger people and small businesses, the government said. More from Personnel Today:
https://www.personneltoday.com/hr/apprenticeship-reform-2024/

The Irish Independent have a different take:
https://www.independent.ie/business/irish/uk-to-fully-fund-apprenticeships-in-potential-blow-to-border-businesses/a1222811114.html

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4. PSNI: Minister fears force is 'slipping backwards' on LGBT issues

The Police Service of Northern Ireland (PSNI) risks its relationship with the LGBT community "slipping backwards", a Stormont minister has said. Andrew Muir, who is gay, was speaking as part of a BBC Spotlight programme into the murder of a police officer. He said not allowing officers to take part in the 2023 Belfast Pride parade in uniform was "concerning", the BBC reports:
https://www.bbc.co.uk/news/uk-northern-ireland-68596573

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5. P&O Ferries still paying crew less than £5 an hour two years after government pledged minimum wage

P&O Ferries continues to pay some of its crew less than half the UK minimum wage thanks to a gap in legal protection for seafarers, which the government promised to close. But while the Seafarers’ Wages Act became law last year, the secondary legislation that is necessary to implement it has not yet been laid. ITV News and The Guardian have seen contracts and payslips from between December 2023 and March 2024, which show that P&O is still paying some crew less than £5 an hour. ITV News has more:
https://www.itv.com/news/2024-03-18/p-and-o-ferries-paying-crew-under-5-an-hour-after-government-pledged-minimum-wage

Meanwhile in France..............

New French law sets £9.96 minimum wage for ferry operators

Cross-English Channel ferry operators will have to pay their workers a minimum wage of at least £9.96 an hour under a new law being introduced by the French government. Until now, operators such as P&O have used legal loopholes in the maritime sector to pay workers on foreign-registered ships less than the minimum wage. However, French maritime minister Herve Berville signed a decree 19th of March enacting the “Against Social-Dumping On The English Channel” (Proposition de loi visant à lutter contre le dumping social sur le transmanche) law. The term “social dumping” refers to the practice of replacing existing staff with overseas workers for worse pay and conditions. Personnel Today has more:
https://www.personneltoday.com/hr/new-french-law-sets-9-96-minimum-wage-for-ferry-operators/

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6. ICO publishes new fining guidance

The Commissioner has published guidance in performance of the statutory obligation to publish updated guidance about penalty notices. The Commissioner will have regard to this guidance when deciding whether to issue a penalty notice and when setting the amount of any fine. You can read the guidance in full here:
https://ico.org.uk/about-the-ico/our-information/policies-and-procedures/data-protection-fining-guidance/

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7. Lecture unions UCU and NASUWT reject 'insulting' pay offer

Unions representing further education (FE) lecturers have voted to reject what they have described as an "insulting" pay offer. Members of the University and College Union (UCU) and NASUWT had been offered a 5% uplift plus an unconsolidated payment of £1,500. The BBC has more on this:
https://www.bbc.co.uk/news/uk-northern-ireland-68609547

Pay awards at lowest level in 18 months

The average pay settlement has fallen to 4.8% – its lowest in 18 months – with the median basic pay award expected to drop even further, to 4%, in 2024. According to XpertHR’s analysis of 94 pay settlements that came into effect in the three months to the end of February 2024, covering almost 200,000 employees, the median pay award dropped for a second consecutive rolling quarter to 4.8%, 0.2 percentage points lower than the revised figure for the period to the end of January and the lowest since September 2022 reports Personnel Today:
https://www.personneltoday.com/hr/pay-settlements-february-2024/

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8. Neuroinclusion in the workplace – why it pays to think differently

It is estimated that as many as one in five of us are neurodivergent. Companies who have reformed their internal processes and approach to recruitment, enabling them to access a pool of more neurodiverse talent, are reporting positive impacts. Managers are beginning to think more deeply about leveraging the talents of all their employees, and are becoming more empathetic to each employee’s individual needs and how best to work with and manage them. This creates an overall more inclusive and positive work environment for both neurotypical and neurodiverse employees. More from Penningtons Law:
https://www.penningtonslaw.com/news-publications/latest-news/2024/neuroinclusion-in-the-workplace-why-it-pays-to-think-differently

Seamus McGranaghan of O'Reilly Stewart solicitors recently spoke about this very issue:
https://www.legal-island.com/articles/uk/features/discussion/2024/march/neurodiversity-in-the-workplace/

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9. 2024 UK’S best workplaces™ unveiled

Explore the latest insights from the UK’s Best Workplaces™ 2024 list, unveiling top-ranking companies across Small, Medium, Large and Super Large categories. With over 250,000 surveyed employees, learn how these organisations prioritize fun, great management and culture to foster success. More on this story from Personnel Today:
https://www.thehrdirector.com/business-news/business/2024-uks-best-workplaces-unveiled/

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10. Just in Case You Missed It...

Interview with Laura White - HR Manager at Irwin

A series of interviews providing insight into some of NI's leading HR practitioners. The latest is with Laura White who was shortlisted for the CIPD Rising Star Award in 2023. Read all about it here:
https://www.legal-island.com/articles/uk/resources/hr-interview/2024/march/interview-with-laura-white--hr-manager-at-irwin/

Seamus Says.....

Neurodiversity in the Workplace:
https://www.legal-island.com/articles/uk/features/discussion/2024/march/neurodiversity-in-the-workplace/

Menopause and the Workplace:
https://www.legal-island.com/articles/uk/features/discussion/2024/march/menopause-and-the-workplace/

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11. HR Developments

Employers need to consider better support for working dads

New research commissioned by REC Parenting highlights that working dads need greater support in the workplace to successfully juggle all their responsibilities. Almost a third (32%) have considered leaving their job and 30% often feel overwhelmed by the demands placed on them at work and home. HR Director has more on this story:
https://www.thehrdirector.com/business-news/parents/employers-need-consider-better-support-working-dads/

Employers need more support to develop effective EDI strategies

Employers need help to develop equality, diversity and inclusion policies that have the desired effect and offer value for money, an independent report produced for the Government Equalities Office has said. The independent Inclusion at Work Panel, which was appointed by business and trade secretary Kemi Badenoch to examine the state of EDI business practices in the UK, finds that many organisations are implementing initiatives without an evidence base. This can mean that they are sometimes counterproductive or unlawful. More on this story from Personnel Today:
https://www.personneltoday.com/hr/effective-edi-strategies-inclusion-at-work-panel-2024/

'The extra shift': The unpaid emotional labour expected of women at work 

Emotional labour is the unsung, often unseen, job of managing other people's feelings. It's crucial – but also taxing, and often required. Women bear the brunt. To begin, they dominate careers that demand a huge amount of emotional labour. But all workplaces require some, and especially in male-dominated offices, women are the ones doing that heavy lifting, largely without acknowledgement or recompense. More from the BBC:
https://www.bbc.com/worklife/article/20240313-invisible-emotional-labour-women-in-workplace

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12. Employment News in the Media

A Co Armagh nursery group that was conned out of more than £200,000 by an employee said she was “treated like family” as the fraudster was jailed for 23 months on Wednesday. Lisa Marie McGuckin had been working as a financial administrator with control and access to the pay roll, outgoings and tax matters. The Belfast Telegraph has more on this:
https://www.belfasttelegraph.co.uk/news/courts/portadown-fraudster-who-conned-nursery-group-out-of-more-than-200k-is-jailed/a1991220865.html

Hammersmith & Fulham LBC has said it will appeal the tribunal’s decision to award a record £4.6m to an employee who was dismissed while on sick leave. The council’s former director of public service reform, Rachael Wright-Turner, was fired after she suffered a panic attack brought on by PTSD. A spokesperson for Hammersmith and Fulham LBC said they were sorry for the ordeal suffered by Ms Wright-Turner, but added the compensation was ‘vastly excessive, disputed and highly unprecedented.’ LocalGov has more on this story:
https://www.localgov.co.uk/Council-to-appeal-4.6m-employment-tribunal-payout--/59067

A group of workers at Manchester United are suing the football club for an HR data breach, according to a lawyer leading the action. The club could face a damages claim totalling £100,000 after it accidentally emailed the staff wage slips of 167 colleagues to an entire pool of casual catering and hospitality staff. Personnel Today has more on this story:
https://www.personneltoday.com/hr/manchester-united-data-breach/

Marmite and Dove soap-owner Unilever is to cut about 7,500 jobs worldwide, as part of an extensive three-year cost-saving plan. The job cuts, which Unilever said would mostly affect office staff, represent more than 5% of its 128,000 global workforce and are aimed at saving around €800m (£684m) over the next three years. More from the BBC:
https://www.bbc.co.uk/news/business-68595206

Departing civil service chief operating officer Sir Alex Chisholm has said he is not worried about a sharp drop in applications to the Fast Stream. Chisholm said factors that could explain the 58% drop off in Fast Stream applications include the disruption caused by the political decision to temporarily suspend the scheme in 2022, the deliberate adjustment of the programme towards a STEM subjects focus in recent years, and pay concerns. More from Civil Service World:
https://www.civilserviceworld.com/professions/article/fast-stream-applications-drop-alex-chisholm-not-worried

Ted Baker’s European retail and online arm is to appoint administrators, putting almost 1,000 jobs at risk at the British brand. The fashion brand, which has 46 stores in the UK and Europe, has been struggling for several years as it faced increasing competition and the fallout from the exit of its founder, Ray Kelvin, who stepped down in 2019 after allegations of “forced hugging”. The Guardian has more:
https://www.theguardian.com/business/2024/mar/19/ted-baker-uk-europe-administration-jobs-at-risk

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13. 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.

New flexible working request rights – explained

This article from People Management discusses what HR needs to know about the impending legislation that will allow day-one requests in GB:
https://www.peoplemanagement.co.uk/article/1865715/new-flexible-working-request-rights-%e2%80%93-explained

Train strikes: Drivers set to walk out again in April

Train drivers are set to strike again next month as part of a long-running dispute over pay and conditions. Aslef members at 16 rail companies will take part in rolling one-day walk outs between 5 and 8 April, along with a six-day overtime ban. The union said the new industrial action was to "increase the pressure" on train companies for a pay rise. More here from the BBC:
https://www.bbc.co.uk/news/business-68617288

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14. Free Webinars This Month

Employment Law at 11 - With O'Reilly Stewart Solicitors

Friday 12th April (11:00am - 11:45am)

Register for the next webinar in the series, during which Christine Quinn from Legal Island will discuss your employment-related questions with Seamus McGranaghan from the employment team at O'Reilly Stewart solicitors.

Join Christine and Seamus and up to 500 participants as they discuss your employment law queries live in our webinar series, “Employment Law at 11”.

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/4142470966176277849?source=WR

Check out previous discussions:
https://www.legal-island.com/resources/any-questions-webinars/

Enjoy the weekend.

Legal-Island

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