Top 5 for Busy People: 

1. Changes to NI's Parental Bereavement Leave and Pay from 6 April 2026 📅
2. Deepfakes and AI harassment: how should HR respond? ✨
3. One in four UK workers applied for ghost jobs that don’t exist 👻
4. What should HR leaders be looking out for in 2026? 👀
5. Acas seeks views on updates to its trade union time off code ⏰

In other news.................Spruce up your HR toolkit with our new monthly 90-minute online Skill Builder for HR: 6x6 Series - a deep dive into one topic at a time, packed with practical tips and ready-to-use resources, with FREE places available to subscribers (nice perk, right?). You can check out the full list of topics here.

1. Case Law Reviews
2. AI and Employment Law
3. Conducting Workplace Investigations
4. Minister publishes consultation response on Miscarriage Leave Rights for NI
5. Gender & the Workplace
6. Whistleblowing
7. Recruitment and Retention
8. Dismissal by association: was it fair to sack an employee whose partner attacked her manager?
9. Just in Case You Missed It...
10. HR Developments
11. Employment News in the Media
12. GB Developments
13. Friends of Legal Island
14. Free Webinars This Month

AB v Department for Communities [2025] NIIT 15177/24 

Summary Description: 

Claimant who had been absent for a long period of time was fairly dismissed using the inefficiency (health absence) procedure. Tribunal could not determine the merits of an ill-health retirement issue.

Claimant: 

AB

Respondent: 

Department for Communities

Practical Guidance for Employers:

The Tribunal expressed sympathy relating to the claimant’s ill-health but found that the claims cannot be decided based upon sympathy. A large part of the claim related to a disagreement with the decision relating to ill-health retirement and the Tribunal made it clear that it was not within its jurisdiction to determine such matters.  The respondent had sought to facilitate the claimant during the process, and they had shown that fair process at the Tribunal which led to the finding dismissing the claims.

Read the Review in full: AB v Department for Communities [2025]

Armagh City, Banbridge and Craigavon Borough Council v O’Neill [2025] NICA 61 

Summary Description: 

Council’s appeal is successful as there was a lack of specificity in terms of why a hypothetical female comparator would have been treated more favourably and that there must be an ‘intense forensic exercise’ in establishing the finding of facts.

Claimant:/Respondent on Appeal 

Louis O’Neill

Respondent/Appellant on Appeal: 

Armagh City, Banbridge and Craigavon Borough Council

Practical Guidance for Employers:

The decision of the Court of Appeal reiterates the test to be applied when looking at less favourable treatment and ensuring that the ‘why question’ is asked and answered by the Tribunal.   This decision, perhaps, provides more for the Industrial Tribunal in terms of its processes with it being made clear that the finding of facts must go beyond reciting the evidence and that it must be an ‘intense forensic exercise’.   This would allow for weigh to be attached and for the matters of less favourable treatment to be properly explored.

Read the Review in full: Armagh City, Banbridge and Craigavon Borough Council v O’Neill [2025]

Back to Top

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.

Back to Top

Deepfakes and AI harassment: how should HR respond?

With thousands of complaints levelled against AI tools such as Grok for creating sexualised ‘deepfakes’ of other users, what risk does this practice pose to employers, and what measures should HR put in place? You can read more on this from Personnel Today.

AI Note-Takers at work: the silent threat to privacy and compliance

AI transcription tools promise efficiency but bring legal exposure, surveillance risks, and threats to fundamental rights. Social Europe has more on this.

AI for HR Weekly Podcast with Barry Phillips 🎙️

The Great AI Challenge: Redesigning Work, Not Just Automating It

You can tune into the latest episode right here - or, if you’re on the move, why not take us with you?

Listen on 🎧 Spotify and 🎧 Apple Podcasts.

Simply search for “AI for HR Weekly Podcast” and enjoy expert insights anytime, anywhere.

Back to Top

📅Thursday, 19 February 2026
⏰12:30 - 14:00 ( 1 hour 30 mins )
📍Online

Part of the Skill Builder for HR: 6 x 6 series, monthly, 90-minute practical HR and employment law sessions designed exclusively for senior HR professionals and business leaders. Leading HR Consultant, Denise Collins from ForeBee Consulting, equips HR professionals in Northern Ireland with practical, step-by-step guidance to manage investigations confidently and effectively. More here.

Back to Top

Economy Minister, Dr Caoimhe Archibald, has published the consultation response on introducing statutory miscarriage leave and pay in Northern Ireland. Employers will need to prepare for the extension of Parental Bereavement Leave and Pay to cover miscarriage and other pregnancy loss at any stage from 6th April 2026:

1. The reforms introduce a day-one statutory right to two weeks’ bereavement leave for an employee who experiences a miscarriage on or after that date, as well as for eligible partners, with leave taken either as a single two-week period or as two separate one-week blocks within 56 weeks of the loss or when it becomes known.
   
   
2. Statutory Parental Bereavement Pay will also become a day-one entitlement, paid at the statutory rate (£194.32 from April 2026) subject only to meeting the lower earnings limit, and the existing 26-week qualifying period for pay will be removed across all parental bereavement cases, including stillbirth and child death.

More here.

Back to Top

NHS trans case ruling ramps up pressure for guidance

An employment tribunal has found a group of nurses had their dignity violated, after an NHS trust allowed a transgender colleague to use the women's changing room. This judgement - whilst only binding on those directly involved in the case - will be carefully analysed for its wider implications for the NHS and beyond, especially given it deals with the fault line between opposing views on sex and gender. It concluded that although a transgender person has protections from discrimination and harassment, that "does not translate into a positive 'right' on the part of a trans woman to use the female changing room (or for that matter of a trans man to use the male changing room)". More from the BBC.

Male police officers win case after being moved as part of ‘gender rebalance’

A police force has been found to have unlawfully discriminated against two male officers after removing them from a specialist policing unit and replacing them with female colleagues. An employment tribunal ruled that Suffolk Constabulary subjected the officers to direct discrimination after displacing them from a proactive policing team, despite acknowledging the decision was driven by “operational reasons linked to gender balance”. People Management has more on this.

Quarter of women consider quitting because of menopause

A survey of 2,000 UK working women (aged 40-65) commissioned by not-for-profit healthcare provider Benenden Health found 47% had been forced to change the way they work to cope. This had included reducing hours (18%), cutting responsibilities (12%), or turning down promotions and training opportunities (6%). Personnel Today has more on this.

Back to Top

Supreme Court hearing secured to resolve conflicting law on whistleblowing

A case will go forward to the UK Supreme Court later this year in a bid to clarify ‘detriment of dismissal’, an area of employment law around whistleblowing described as ‘conflicting and unsatisfactory’ by the Court of Appeal. If successful, the case will mean that the threshold for whistleblowing claims will be raised. Claimants will have to show that whistleblowing was the principal reason for the dismissal, rather than simply having had a material influence on the employer’s decision. Personnel Today has more here.

NHS pays ex-CEO whistleblower £1.4m

An NHS Trust has paid former chief executive Dr Susan Gilby £1.4m, after an employment tribunal found she was unfairly dismissed. Gilby had accused the chair of The Countess of Chester NHS Foundation Trust of bullying and harassment. This led an employment tribunal to find last February that board members at the trust had forced Gilby out of her job, for blowing the whistle. HR Magazine has more on this story.

Back to Top

Latest Labour Market Statistics

The labour market statistics were published by the Northern Ireland Statistics & Research Agency and include:

• The proportion of people aged 16 to 64 in work (the employment rate) increased by 0.8pps over the quarter and decreased by 0.6pps over the year to 72.0%
   
  
• NISRA, acting on behalf of the Department for the Economy, received confirmation that 220 redundancies occurred in December 2025, taking the annual total to 2,260, which was over twenty percent higher than the figure for the previous year (1,840).

You can read more here.

LRA - Going Beyond Pay - Job Quality In Northern Ireland

LRA Chief Executive, Mark McAllister is joined by Dr Lisa Wilson, Senior Economist at the Nevin Economic Research Institute, for a fascinating discussion on the themes coming out of the "Going Beyond Pay: Job Quality In Northern Ireland - Results From The Skills And Employment Survey 2024".  You can catch up here.

One in four UK workers applied for jobs that don’t exist

Employment Hero, the HR, hiring and payroll software company, has released new research into the state of recruitment in the UK, revealing that ‘ghost jobs’ – roles advertised but not genuinely being recruited for – have become widespread, with younger workers hit hardest. The research revealed that a quarter (24 per cent) of UK workers believe they have applied for a ghost job, rising to 37 per cent among 18-34 year olds. Find out more from The Global Recruiter.

Retaining top talent when a promotion isn’t possible

You’ve got a high-performing team member ready for the next step, but there’s no clear move available: no title change, no open seat at the top. Still, you can’t afford to let them stagnate. Harvard Business Review looks at how to keep them engaged and growing.

Back to Top

Alexandra Addington from Irwin Mitchell examines the question the tribunal had to consider in Mrs P Smith v North West Ambulance Service Trust.

Back to Top

The Employment Law Hub is a comprehensive, jurisdiction-specific resource designed for HR professionals, legal advisors, and business leaders. It centralises essential employment law and HR updates, expertly curated and written by leading HR and legal specialists to provide reliable, practical, and authoritative insights. We have over 1,100 articles and 1000+ case law reviews. As a subscriber, you have access to all of this. Check it out the full Hub here and below are some recent articles you may have missed.....

An employee used AI to write his grievance: How do I Handle it?

Jack Balmer from Tughans answers a question about an employee grievance written with assistance from AI.

MCS Lunch and Learn: Level Up Your Recruitment Strategy for 2026

Rebekah Mulligan, Recruitment Manager at MCS Group and Tara Duffy, HR Specialist Recruitment Consultant provided insights into what's happening in the world of HR and recruitment in terms of how HR roles are evolving, what skills are in demand (in case you're thinking of a move!), AI, employer brand and so much more.  If you missed it, you can catch up here.

Back to Top

What should HR leaders be looking out for in 2026?

From pay transparency to the right to disconnect, HR leaders face a perfect storm of regulation, technology and rising expectations in 2026. What really matters, what’s overhyped and where should teams focus first?  This article cuts through the noise with practical insight for change without losing people or momentum.

How to support disabled and injured employees

According to the Business Disability Forum’s Great Big Workplace Adjustments Survey, only 10 per cent of disabled or injured employees find it easy to access the reasonable adjustments they need, and 78 per cent have to initiate the process themselves. Cheryl Abrahams outlines an employer's duty to create accessible workplaces and offers tips for doing so in this article for People Management.

Back to Top

A group of cleaners at Great Ormond Street Hospital have secured a major victory in the Employment Appeal Tribunal in their legal challenge against the NHS Trust over discriminatory pay and treatment. The appeal, which could have ramifications for the wider NHS, was brought by 80 cleaners, nearly all of whom are from ethnic minority backgrounds. The cleaners argued they were unlawfully treated less favourably than other staff at the hospital by being denied NHS Agenda for Change (AfC) terms and conditions – which came into force on 1 December 2004 – despite doing work assessed as equivalent to NHS Band 2 roles. Personnel Today has more.

A former NHS manager from Dudley has been jailed after pleading guilty to a fraud that diverted more than £123,000 from the NHS. Two other individuals were also sentenced for their role in the fraud. CPS News has more on this.

A woman has been dismissed from her job in Laindon after filming a Tiktok within the workplace, according to an Employment Tribunal. The caption of the TikTok was: "imma leave my 9-5 job I’m going to pursue my TikTok career". She was employed as a customer experience specialist and dismissed due to a video being taken in the workplace. More from Essex Live.

TikTok is facing possible legal action from two of its employees over plans to axe hundreds of jobs from its UK online safety team. TikTok said the move was part of a “wider global reorganisation” - a shift away from human moderation, and towards using automated systems, including artificial intelligence (AI). But employees see it differently. They claim the redundancies were announced just seven days before a ballot was due to take place among workers on whether to unionise You can read more on this from the Independent:

A former chief executive of a Northern Ireland council has gone on trial for alleged offences under freedom of information legislation. The case relates to the alleged deletion of emails relating to a FOI request in 2021. Irish Legal News has more on this.

More than 300 jobs are at risk at a food packing facility in County Tyrone. ABP plans to stop work at its Linden Foods retail packing facility in the Granville Industrial Estate in Dungannon. ABP has entered into a formal consultation process with 338 employees. The company said they would try to "minimise the impact on those who are affected", including by redeployment where possible, reports the BBC.

Back to Top

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

Senior President of Tribunals’ Annual Report 2025

Lord Justice Dingemans, Senior President of Tribunals, has today published his annual report for 2025 and sets out his aims for the year ahead:

•    Addressing backlogs 
•    Digitisation 
•    Transparency and openness 
•    One Judiciary and inclusion

More here.

Acas seeks views on updates to its trade union time off code

Workplace expert, Acas, has launched a consultation on updates to its Code of Practice on time off for trade union duties and activities. The Employment Rights Act 2025 introduces new statutory rights to time off for union equality representatives that mirror the existing rights for union learning representatives and require employers to provide 'accommodation and other facilities' to union representatives for their time off duties. The consultation on the draft Code closes on 17 March 2026 and you can find out more.

Navigating Trade Union reform: are you ready?

On 18 February 2026, the first set of trade union reforms came into effect. In this article, Irwin Mitchell LLP examine these changes alongside the government's guidance Trade union law: transition to Employment Rights Act 2025 which explains how to manage cases that began under the Trade Union Act 2016 but remain ongoing when the relevant provisions of the Employment Rights Act 2025 take effect. More here. 

Back to Top

CIPD: PDP status to the People and OD team from the Northern Ireland Civil Service

The team has become the first organisation in Northern Ireland to achieve CIPD People Development Partner (PDP) status. This recognition, secured through ongoing collaboration with CIPD since December 2023, highlights the team’s commitment to professional excellence and continuous improvement. Congratulations to all involved from Legal Island!👏🎉

Back to Top

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

But you can catch up on anything you missed on the Employment Law Hub, or if you prefer your podcasts on the move, search for 'Employment Law at 11' on Spotify or Apple Music!

Enjoy your weekend!

Legal Island

Back to Top