At 34 years old, Home Alone is now old enough to get weekly updates on employment law, probably to ensure Kevin’s booby traps meet workplace health and safety standards!
This week's top 5:
- Annual Review Session of the Week: Fire & Re-hire: Legal Quagmire or Necessary Evil?
- Equal pay day 2024
- The transgender bus driver in 1970s Belfast
- 40% of working parents are ‘pulling sickies’ to care for poorly children
- Feeling like you’ve missed the AI Revolution? Get up to speed in just 30 minutes!
And in other news...............Legal Island's Annual Review of Employment Law is next Wednesday! Not got a ticket yet, click HERE
- Annual Review Session of the Week: Fire & Re-hire: Legal Quagmire or Necessary Evil?
- Case Law Reviews
- AI and Employment Law
- Cyber security
- Wages
- Transgender Awareness Week
- 40% of working parents are ‘pulling sickies’ to care for poorly children, new study finds
- Civil Service NI: Concerns raised about sickness absence and vacancy levels
- Just in Case You Missed It...
- HR Developments
- Employment News in the Media
- GB Developments
- Free Webinars This Month
===============================================
1. Annual Review Session of the Week
Fire & Re-hire: Legal Quagmire or Necessary Evil?
The recent Tesco v. Usdaw decision has significantly altered the landscape of fire-and-rehire practices, sparking widespread debate in light of high-profile cases like P&O Ferries. Join Kiera Lee, Partner at Mills Selig as she explores the legal boundaries, ethical concerns, and potential reforms surrounding fire and rehire, examining the Supreme Court ruling that some experts view as 'potentially disastrous’.
https://bit.ly/ktniarel24
===============================================
2. Case Law Reviews
Worton v Roxborough Plant & Construction Limited [2024] NIIT 11277/23
Summary Description: Despite no procedure in dismissing the employee only a basic award was payable as the dismissal would have taken place with the proper process.
Claimant: Glenn Worton
Defendant: Roxborough Plant & Construction Limited
Keywords: Unfair Dismissal
Practical Guidance for Employers:
Considering the non-compliance with the statutory processes, the respondent has got off lightly in this situation. The fact that the Tribunal examined the process and found that the claimant would have been dismissed in any event significantly reduced the award due. That should not be a reason for employers to neglect the statutory processes but actually demonstrates the need to ensure compliance and foresight in making these decisions. If that approach had been taken it would have avoided the stress and cost, in terms of time, of having to go to the Tribunal.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/november/worton-v-roxborough-plant--construction-limited-2024/
National Union of Rail, Maritime and Transport Workers v Tyne & Wear Passenger Transport Executive t/a Nexus [2024] UKSC 37
Summary Description: Supreme Court held that the employer could not take rectification proceedings against the Union on the collective agreement but should instead should have brought the proceedings against the individual employees where there has been a mistake.
Claimant/Respondent: National Union of Rail, Maritime and Transport Workers
Defendant/Appellant: Tyne and Wear Passenger Transport Executive, t/a Nexus
Keywords: Employment Contract; Rectification; Trade Unions
Practical Guidance for Employers:
This case is rather heavy on the law which is unsurprising considering that it has gone to the Supreme Court. However, the Supreme Court is making it clear that any rectification claim based upon mistake in a contract would be properly brought against the individual employee rather than the Union involved in collective agreements. Additionally, they cite some novel and creative ways in which the Tribunal could, in essence, infer a document being rectified from the parties’ intentions even where they do not have the power to do so.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/november/national-union-of-rail-maritime-and-transport-workers-v-tyne--wear-passenger-transport-executive-ta-nexus-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/
===============================================
3. AI and Employment Law
AI could ‘radically change’ delivery of career guidance
Artificial intelligence has the potential to transform the delivery of career guidance, according to Morrisby. At the launch of a new report which examines the effect of AI on the future of the industry, the careers-matching platform highlighted the opportunities provided by AI to improve how the guidance is delivered in the UK, including by fixing current provisions and creating more equity. Read more:
https://www.personneltoday.com/hr/ai-could-radically-change-delivery-of-career-guidance/
Murphy: Dublin based Spark to set up AI and data analytics centre in the north
Economy Minister Conor Murphy has announced a £2.1 million investment by Dublin-based Data Platform Company Spark to establish a Data Analytics and AI Technology and Consulting Centre in Belfast. The investment will create 12 high-quality jobs, two of which are in place, with salaries substantially above the Northern Ireland private sector median, which will contribute over £1 million a year in wages to the local economy:
https://www.economy-ni.gov.uk/news/murphy-dublin-based-spark-set-ai-and-data-analytics-centre-north
AI vs. GenAI: What's the Difference and Why Should HR Care?
This week, Barry Phillips goes back to basics to argue for a clearer understanding of what AI is and why we in HR should think differently about GenAI.
===============================================
4. Cyber security
Safeguard your organisation against Slack legal and compliance risks
Every organisation using Slack as part of its collaboration technology stack should have a plan in place to handle legal, compliance, and HR investigations within its complex, sprawling dataset. This post explores what business leaders need to know about conducting eDiscovery in Slack data, the challenges it presents, and how to proactively secure their entire digital workplace. More from Mimecast:
https://www.mimecast.com/blog/the-complete-guide-to-ediscovery-in-slack/
Warnings as remote working presents a significant cybersecurity concern
A new study by Markel Direct reveals that nearly one in four UK SMEs worry about securing remote work environments, as hybrid and remote working has become a popular way of working. Despite efforts like VPNs and antivirus software, many SMEs lack a cybersecurity policy, leaving them vulnerable and underprepared for potential attacks. Markel Direct stresses the need for proactive measures in this article from HR Director:
https://www.thehrdirector.com/business-news/digitalisation/warnings-remote-working-presents-significant-cybersecurity-concern/
===============================================
5. Wages
On November 20th, 2024, women stop being paid compared to men. This is the point in the year when, on average, women effectively work for free. The gender pay gap is now 11.3%, up from 10.7% last year. It’s a stark reminder that while progress has been made, gender pay inequality persists - and may be higher than we thought. The Fawcett Society has more here:
https://www.fawcettsociety.org.uk/equal-pay-day-2024
Public sector pay back to top of Stormont agenda
Public sector pay has surged back to the top of Stormont’s agenda with the prospect that teachers could be on strike by January. Civil servants and NI Water staff could also be heading for industrial action as their unions have made clear that they are unhappy with the pay awards likely to be on offer. Health workers have been offered an interim deal which would not immediately give them the 5.5% they want. More from the BBC:
https://www.bbc.co.uk/news/articles/c9vnx8r8pydo
Public sector pay deals help drive up UK borrowing
Government borrowing was much higher than expected in October, as debt interest payments hit a record high and public sector pay rises contributed to higher spending. Borrowing - the difference between spending and tax take - stood at £17.4bn last month, the second highest October figure since monthly records began in 1993. The BBC has more on this story:
https://www.bbc.co.uk/news/articles/c4gx70djyg7o
Mendy vs Manchester City: when should businesses withhold wages?
Benjamin Mendy will receive most of his unpaid salary after his former club Manchester City witheld it amid sexual assault allegations. In a case similar to that of broadcaster Huw Edwards, employers need to tread carefully if they decide to withold wages. These two high-profile cases have raised questions about employers withholding wages, when it is appropriate and lawful, and the risks associated with doing so. Personnel Today outlines what employers need to consider:
https://www.personneltoday.com/hr/mendy-vs-manchester-city/
===============================================
6. Transgender Awareness Week
The transgender bus driver in 1970s Belfast
Wilma Creith is believed to have been one of the first people from Northern Ireland to have undergone gender reassignment surgery back in 1980 and her story has now inspired a play. Wilma began driving buses after meeting the then head of Ulsterbus and Citybus, Werner Huebeck. Mr Hueback gave her sick pay for five weeks to allow her to travel to Leeds and allow her to recover from surgery. Artistic director Paula McFetridge added: “He was even the first person to ring her after the operation. That level of support, because it came from the boss, meant that a lot of the bus drivers and a lot of those that were working in the unions, knew that they had to have respect for her and look out for her." You can read more here from the BBC:
https://www.bbc.co.uk/news/articles/ckgzxrl5ydro
===============================================
7. 40% of working parents are ‘pulling sickies’ to care for poorly children, new study finds
A study reveals 2 in 5 working parents take fake sick days to look after ill kids, with many calling for greater workplace flexibility.
More from Made for Mums:
https://www.madeformums.com/news/40-of-working-parents-are-pulling-sickies-to-care-for-poorly-children-new-study-finds/
===============================================
8. Civil Service NI: Concerns raised about sickness absence and vacancy levels
Concerns have been raised about sickness absence and vacancy levels in the Northern Ireland Civil Service. There were 13.8 days on average lost per staff year in the civil service in 2023/2024, an increase from 12.3 days in the previous year, according to the Northern Ireland Statistics and Research Agency. This represented 6.3% of the available working days in 2023/24, and equated to an estimated £44 million in direct salary cost. Belfast Live has more:
https://www.belfastlive.co.uk/news/civil-service-ni-concerns-raised-30416530
===============================================
9. Just in Case You Missed It...
Sexually inappropriate banter: How do I handle it?
This month’s problem concerns:
"We have an employee who continues to engage in ‘banter’ with his colleagues and some of his ‘jokes’ have been reported as sexually inappropriate by his female colleagues. How do I handle it?” Emma Doherty of Tughans LLP has the answer:
https://www.legal-island.com/articles/uk/features/how-do-i-handle-it/2024/november/sexually-inappropriate-banter-how-do-i-handle-it/
Why mark International Men's Day?
Why do men need a day set aside for men’s stuff? What’s the point of these themed days which pop up through the year? There’s even a National Pirates Day on September 19th and National Hugging Day on January 21st (a definite date to work from home!) Andrew Pain has more:
https://www.legal-island.com/articles/uk/features/hr/2024/november/why-mark-mens-international-day/
===============================================
10. HR Developments
What’s causing Gen Z and Millennial employees to burnout?
Employee engagement and intranet experts, Oak Engage have commissioned a survey of over 1,000 employees to understand the differences between Gen Z and Millennials at work. More from HR Director:
https://www.thehrdirector.com/business-news/employee-engagement/whats-causing-gen-z-millennial-employees-burnout/
The excessive hiring practices scaring off skilled applicants
Excessive and drawn-out processes can have poor results in recruitment, with negative effects such as high costs and low morale. Silicon Republic provides guidance here:
https://www.siliconrepublic.com/advice/organisations-scaring-skilled-applicants-job-offers-recruitment-retention
By addressing workplace incivility, it’s possible to build a positive culture
Rude or aggressive behaviour at work is often tolerated, but it can lead to people feeling unsafe and compensating as a result. People Management looks at this in more detail:
https://www.peoplemanagement.co.uk/article/1896512/addressing-workplace-incivility-its-possible-build-positive-culture
Mediating workplace conflicts in six steps
What are the main causes of disputes and disagreements at work – and what can you do personally if you walk into the office one morning to find two of your colleagues or direct reports engaged in battle? Public Finance has guidance here:
https://www.publicfinance.co.uk/opinion/2024/11/mediating-workplace-conflicts-six-steps
===============================================
11. Employment News in the Media
A solicitor sacked after changing her Facebook contact details to a personal number has been awarded £11,500. Walsh Solicitors was ordered to pay the sum to Lucy Crossman following a hearing last month. The tribunal ruled Crossman was unfairly dismissed amid a developing lack of trust between the solicitor and her firm. Employment Judge Johnson said the firm’s owner Terence Walsh ‘appeared to be concentrating on catching out Ms Crossman and little time was spent in exploring the likely truth behind the issue’. More from the Law Gazette:
https://www.lawgazette.co.uk/news/firm-to-pay-solicitor-11500-over-unfair-dismissal/5121577.article
Edinburgh University has announced fresh staff cuts in what has been described as the “tip of the iceberg” as the prestigious institution’s principal cited the UK government’s National Insurance rise as a key contributing factor. The university said it was opening a voluntary redundancy scheme and compulsory redundancies may be necessary “if unavoidable”. More here from the Scotsman:
https://www.scotsman.com/news/edinburgh-university-launches-voluntary-redundancy-scheme-as-principal-issues-unsettling-statement-4871525
The Education Authority (EA) in Northern Ireland has decided not to proceed with a contract with Fujitsu worth almost £500m. The contract was to provide a new IT system for all schools in Northern Ireland. The Japanese firm has faced criticism for its role in the Post Office scandal. More from the BBC:
https://www.bbc.co.uk/news/articles/c774mdxy0mno
Kerry Anderson, a lettings manager, has won a payout of more than £12,000 from her former employer for discrimination and failing to pay wages during a pregnancy. She claimed that Tyche Estates, based in Stockton-on-Tees, failed to pay her properly during the eight months she was there. An employment tribunal agreed, awarding her £12,302.84 in total, including £7,796 for loss of earnings and £4,000 for ‘injury to feelings’. The Negotiator has more here:
https://thenegotiator.co.uk/news/regulation-law-news/letting-agent-wins-12000-payout-for-pregnancy-discrimination-and-unpaid-wages/
A teacher failed to sue her school for marriage and age discrimination after she was referred to as ‘Miss’ instead of ‘Mrs’ on letters addressed to her. Eniola Alabi told an employment tribunal she felt ‘embarrassed’ and ‘humiliated’ when her payslips failed to acknowledge her marital status. She told the tribunal that ‘Miss’ was ‘less’ than ‘Mrs’ and so this was an act of discrimination from bosses at the South London secondary school where she worked reports the Daily Mail:
https://www.dailymail.co.uk/news/article-14094469/Married-teacher-Miss-letters-addressed-school-discrimination.html
Barclays must pay a former employee almost £50,000 after failing to adjust her hours while she suffered from endometriosis. Anca Lacatus experienced increasingly debilitating symptoms of endometriosis – a chronic disease that affects the lining of the uterus – as well as a deterioration in her mental health. In 2019 she began a period of sick leave, during which time the company announced it was making redundancies in her department. During this time she issued her first tribunal claim – for discrimination, victimisation and harassment based on characteristics of disability, race and sex. She was made redundant during her sick leave, at which time she filed a second claim of unfair dismissal. More from Personnel Today:
https://www.personneltoday.com/hr/endometriosis-claim/
===============================================
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.
Alarm over threat to remove funding from solicitor apprenticeship
Lawyers and training providers have expressed alarm at the prospect of the government removing funding for level 7 apprenticeships, like the solicitor offering. They said it could represent a step backwards in social mobility in the profession reports Legal Futures:
https://www.legalfutures.co.uk/practice-management/alarm-over-threat-to-remove-funding-from-solicitor-apprenticeship
Boosting pay and tackling poor performance should be on Office for Value for Money's agenda – report
The new Office for Value for Money should produce guidance on boosting salaries for competitive civil service roles and “managing out” poor performers, a think tank has said. In a paper setting out recommendations on the OVfM’s remit and priorities, Reform said OVfM should work with the Government Legal Department and Government People Group to examine the cost-benefit analysis of retaining poor performers versus managing them out of the civil service, “to accurately reflect the costs of retaining them indefinitely”, the think tank said. Civil Service World has more here:
https://www.civilserviceworld.com/professions/article/office-for-value-for-money-civil-service-salary-boosts-underperformers
The social mobility impact of “de-funding” the solicitor apprenticeship
The Government is considering changes to funding for level 7 apprenticeships which could mean that, in the future, the solicitor apprenticeship is no longer eligible for funding. To support the decision-making process, we conducted a survey of our current solicitor apprentices to understand their circumstances and the impact the apprenticeship is having. The results, from 110 apprentices, show that, for a substantial number, the solicitor apprenticeship is supporting social mobility and that many would otherwise have faced barriers to career progression. More here from FE News:
https://www.fenews.co.uk/exclusive/the-social-mobility-impact-of-de-funding-the-solicitor-apprenticeship/
===============================================
13. Free Webinars This Month
Did you miss our latest webinar? Never worry, check out the recording below...
In HR and feeling like you’ve missed the AI Revolution? Get up to speed in just 30 minutes!
In thirty minutes, Legal Island's Barry Phillips will explain what is important to know in AI, to help you catch up and feel right up-to-date. We understand there’s a lot of jargon, hype and hubris about AI and its potential. We cut right through all of this to present you with all you really need to know. We’ll explain where to start with AI and how to make the most of this amazing development for you personally, for your HR team and for your organisation.
Employment Law at 11 - With O'Reilly Stewart Solicitors
Friday 6th December (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/1438063793669369181?source=WR
Check out previous discussions:
https://www.legal-island.com/resources/any-questions-webinars/
Enjoy the weekend.
Legal-Island
Continue reading
We help hundreds of people like you understand how the latest changes in employment law impact your business.
Please log in to view the full article.
What you'll get:
- Help understand the ramifications of each important case from NI, GB and Europe
- Ensure your organisation's policies and procedures are fully compliant with NI law
- 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
- Receive free preliminary advice on workplace issues from the employment team
Already a subscriber? Log in now or start a free trial
