Employees go through lots of Eras - some want to Shake it Off, others are forever in a Blank Space, then there are the ones who keep coming back like it’s a Love Story. But there's always one you just have to be honest with - we are never, ever, ever getting back together. Like, ever!

This week's top 5:

1. Maxine Orr sworn in as President of Industrial Tribunals & Fair Employment Tribunal
2. LRA employer support for employees impacted by racism on our streets
3. 76 percent of global workers report digital information overload contributes to daily stress
4. More Northern Ireland firms urged to trial four-day working week
5. £154,000 award after Council failed to take complaints of bullying seriously

And in other news...............have you had a look at the programme for Legal Island's Annual Review of Employment Law yet? Have a look HERE - join us in-person at Crowne Plaza Belfast or online from home or the office - 27th November 2024!

CONTENTS

1. Case Law Reviews
2. AI and Employment Law
3. Riots and the fallout
4. Flexible and A-typical working
5. Recruitment
6. Just in Case You Missed It...
7. HR Developments
8. Employment News in the Media
9. GB Developments
10. Health and Safety Developments
11. Friends of Legal Island
12. Free Webinars This Month

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1. Case Law Reviews

Knight v Off Broadway Ltd [2024] EAT 109

Summary Description: Claimant was not allowed to carry forward four weeks' holiday entitlement as he could have taken it before the pandemic and changes to the legislation.

Claimant: B Knight

Respondent: Off Broadway Limited

Keywords: Holiday Pay

Practical Guidance for Employers:
One of the smaller changes because of the pandemic was to allow for a greater amount of holiday entitlement to be carried over into the next year.   This was covered in this case but did not allow for the claim to succeed on the basis that the claimant was able to take his leave during the period he was seeking to bring forward.   However, it is important to note that his claim could still succeed if it was found that there was insufficient information given about holiday entitlement and being able to carry some forward.  Employers should be reminded that they must inform their employees about the entitlement and the rules as they apply within the workplace.

Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/august/knight-v-off-broadway-ltd-2024/

Smith v Department of Education [2024] Case No: 2212199/2022

Summary Description: Disability discrimination claims dismissed relating to the application of the probation policy and the disability leave policy.

Claimant: Michaela Smith

Respondent: The Department of Education

Keywords: Disability Discrimination; Reasonable Adjustments

Practical Guidance for Employers:
This case provides useful guidance on the application of various policies to those with disabilities.  When it came to extending the probation, it was simply put by the Tribunal in considering the three options that the employer had.   When considering those three options alongside whether the actions of the employer were proportionate this demonstrated how the extension was to the benefit of the claimant when compared to the reasonable alternatives.  Additionally, when considering the application of a policy the starting point should always be its content as seen with the disability policy here.  This demonstrates the importance of ensuring that such policies are drafted clearly and consistently.

Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/august/smith-v-department-of-education-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

New £16M body will encourage businesses to embrace AI technologies

Northern Ireland businesses will be encouraged to make more use of artificial intelligence by a new specialist centre at Ulster University. The new Artificial Intelligence Collaboration Centre (AICC) represents a £16.3 million investment by Invest Northern Ireland and the Department for the Economy with the ultimate aim of generating high-value jobs in the sector. It will deliver 390 postgraduate AI qualifications and train thousands of workers across Northern Ireland via classroom based or online skills training. Belfast Live has more here:
https://www.belfastlive.co.uk/business/new-16m-body-encourage-businesses-29735823

Are the kids alright? Helping Gen Z navigate volatile careers

Young people starting out now will bear witness to countless technological advancements and untold inventions. Uniquely human skills that are difficult to computerise are always going to be in demand, though young employees will need to learn how these advanced systems work and evolve amid ongoing AI adoption.  Going forward, Karie Willyerd, an advisor and chief learning officer in residence at Skillable believes it is unlikely that AI itself will replace humans in their jobs, rather, people with advanced AI skills will take over from those who lack the necessary talents. More from Silicon Republic:
https://www.siliconrepublic.com/careers/kids-alright-gen-z-navigate-volatile-careers

Interested in all things AI? Join Sarah Cochrane of Carson McDowell in her Annual Review session, in "AI HR: Balancing Innovation with Compliance" on 27th November 2024. Come along to Crowne Plaza Belfast, or join via Zoom from home or the office - your choice! More info here:
https://bit.ly/ktniarel24

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3. Riots and the fallout

Employer support for employees impacted by racism on our streets

This brief guide, produced by the Labour Relations Agency, is aimed at helping employers support employees impacted by the racism we saw on our streets. Find it here:
https://www.lra.org.uk/resources/webinar/employer-support-employees-impacted-racism-our-streets

Recent riots reinforce need for social media policies

Businesses’ biggest concern surrounding employees’ social media use is the posting or sharing of offensive and inappropriate content, according to a new survey by WorkNest. More than a third (36%) said this was their biggest worry around employees’ online activity, placing it above time spent on social media whilst at work (23%) and even the posting of disparaging posts about the company or their role (20%). HR Director has more on this:
https://www.thehrdirector.com/business-news/diversity-and-equality-inclusion/recent-riots-reinforce-need-social-media-policies/

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4. Flexible and A-typical working

Huge payouts to workers contacted out of hours by their bosses in 'right to switch off' plan?

Workers who are relentlessly contacted by their bosses outside of work hours could be entitled to compensation - as Labour pushes the 'right to switch off'. Plans under consideration by the new Labour government could help employees draw a line in the sand between their work and home life - as seen in the party's 'right to switch off' campaign pledge. The government are looking to push out a code of practice which sets out normal working hours and clarifies when an employee can expect to be contacted by their employer. The Daily Mail has more on this:
https://www.dailymail.co.uk/news/article-13756043/Labour-payouts-workers-contacted-hours-bosses.html

More Northern Ireland firms urged to trial four-day working week

A Lisburn firm which introduced a four-day working week without cutting staff salaries believes it now has a competitive edge in attracting new talent. Global conveyor belt and rubber parts manufacturer, Smiley Monroe, introduced a four-day working week at its Co Antrim production facilities over a year ago. The company has since rolled out the policy at its offices in India and the United States. Now the Lisburn manufacturer has lent its voice to calls from the Labour Relations Agency (LRA) and Timely Careers for other businesses in Northern Ireland to do the same. More here from the Irish News:
https://www.irishnews.com/news/business/more-northern-ireland-firms-urged-to-trial-four-day-working-week

Starmer backs flexible working to boost productivity

Keir Starmer has backed flexible-working arrangements, saying a “culture of presenteeism” can damage productivity. The Labour government’s plan for workers’ rights – which is due within the party’s first 100 days in power – will recognise the importance of home working, a No.10 spokesperson said yesterday. However, it will be up to individual employers to determine whether staff must work from the office, the spokesperson said, as “people’s roles will vary”. You can read more from Civil Service World here:
https://www.civilserviceworld.com/professions/article/starmer-flexible-working-presenteeism-right-switch-off-productivity

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5. Recruitment

NICS seeks 500 administrative officers in mass recruitment campaign

The Northern Ireland Civil Service has launched a mass recruitment campaign seeking 500 permanent administrative officers for roles across all government departments. The campaign comes 10 months after the NICS lifted a recruitment freeze that was put in place in February 2023 after officials were told to cut 10% from their budgets reports Civil Service World:
https://www.civilserviceworld.com/professions/article/nics-seeks-500-administrative-officers-in-mass-recruitment-campaign

Minister puts onus on homegrown talent in tech sectors

Skilled workers in engineering and IT who want to work in the UK could face further visa restrictions, the immigration minister has suggested, as new Home Office figures continue to show a downward trend in work visa applicant numbers. Seema Malhotra told The Telegraph that the sectors’ recruitment from abroad had gone for too long when instead the emphasis should have been on developing homegrown talent. Find out more here:
https://www.personneltoday.com/hr/minister-puts-onus-on-homegrown-talent-in-tech-sectors/

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6. Just in Case You Missed It...

Information Commissioner reprimands school over facial recognition technology for canteen payments
Paul Upson from Napier Solicitors considers a recent case and the perils of FCT falling foul of data protection principles:
https://www.legal-island.com/articles/uk/features/education-law/2024/august/information-commissioner-reprimands-school-for-how-it-implemented-facial-recognition-technology-for-canteen-payments/

The Surveys this Week Said…..

Barry Phillips examines the significance of two surveys this week about the adoption of ChatGPT in the workplace. Listen now:
https://www.legal-island.com/articles/uk/resources/ai-for-hr-weekly-podcast/2024/august/the-surveys-this-week-said/

Do employers have to record and track when holiday has been accrued and/or taken?

Chris Fullerton of Arthur Cox NI has the answer. Catch up here:
https://www.legal-island.com/articles/uk/features/q-and-a/2024/august/3.do-employers-have-to-record-and-track-when-holiday-has-been-accrued-andor-taken/

Jury Service Requests in the Workplace: How do I Handle it?

For August 2024, we have asked the employment team at Tughans LLP to provide practical answers to unusual, sensitive or complex work-related queries. Read up on it here:
https://www.legal-island.com/articles/uk/features/how-do-i-handle-it/2024/august/navigating-jury-service-requests-balancing-employee-flexibility-and-business-needs/

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7. HR Developments

How to embed your company values

Living your core values is essential to a successful company culture. This article from Startups outlines steps you can take to make sure your actions speak as loudly as your words:
https://startups.co.uk/strategy/embedding-your-company-values/

Are ‘feedback circles’ the next big thing in performance management?

Modern workplaces are centred on people. With many taking a hybrid approach, in-office time has become people-centric; it’s focused on collaborative working and relationship building. With this shift, we may need to think differently about performance management. This article from HR Director looks at HR’s strategic role in bridging the gaps between employer and employee experience of performance related conversations and guiding effective management practices:
https://www.thehrdirector.com/features/performance-management/feedback-circles-next-big-thing-performance-management-2/

The 25-Minute Resilience Revolution: How top teams beat burnout and boost performance

Resilience isn't just a buzzword in today's volatile business landscape—it's a critical skill for survival and success. Yet, research at the Ferrazzi Greenlight Research Institute has uncovered a startling gap: only 14% of team members feel they have a collective responsibility to lift each other's energy and mental well-being. In most teams, resilience is still seen as an individual responsibility. While resilience is crucial for navigating uncertainty and maintaining high performance, the vast majority of teams are missing out on the power of collective resilience. This article from Forbes outlines the concept of ‘teamship’:
https://www.forbes.com/sites/keithferrazzi/2024/08/15/the-25-minute-resilience-revolution-how-top-teams-beat-burnout-and-boost-performance/?ss=chro-network

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8. Employment News in the Media

The newly-announced boss of Starbucks, Brian Niccol, has come under fire after it was revealed that he will commute the almost 1,000 miles (1,600km) from his family home in Newport Beach, California to the firm's headquarters in Seattle on a corporate jet. Critics on social media have noted what they see as a discrepancy between the company's public stance on green issues and the lifestyles of its top executives. More from the BBC:
https://www.bbc.co.uk/news/articles/c5y3e0ljnllo

Essex County Council must pay a former employee almost £154,000 after it failed to take her complaints of bullying seriously and was found guilty of constructive unfair dismissal. Social worker Nicola Griffiths complained her managers in the Mid Family Support and Protection team, in particular, that they had made unfounded allegations about her work, “bullied” her and “behaved maliciously” towards her. Complaints were made about the way she did her job – including that she had an “overly challenging approach and that she had caused families to leave the room in tears, stating that they never wanted to work with her again”. More from the Daily Gazette:
https://www.gazette-news.co.uk/news/24534056.colchester-worker-wins-154k-payout-county-council/

A legal business did not know a solicitor was disabled and had bipolar disorder when it decided to withdraw his job offer, an employment tribunal has ruled. Employment Judge Phil Allen in Manchester said the decision by Cheadle firm Peach Law to withdraw Craig Oldale’s job offer was because its managing director had formed the view that he had been “dishonest in what he had said to her”. More here from Legal Futures:
https://www.legalfutures.co.uk/latest-news/firm-did-not-know-solicitor-was-disabled-when-it-withdrew-job-offer

A waitress sexually harassed and dismissed after only a month has been awarded £43,000 by an employment tribunal, which heard how her boss told her she had “the prettiest eyes he had ever seen”. Ms Almussawi told the tribunal that Wejdi Moussa’s comment was “creepy” but that she needed the job at the Mailcoach restaurant in Uddingston, Glasgow.  Almussawi was awarded £10,800 for injury to feelings, £28,000 for financial loss, £2,800 for loss of wages, £260 for untaken holiday and £1,050 for Moussa’s failure to comply with the Employment Rights Act. The total award was £42,850 reports Personnel Today:
https://www.personneltoday.com/hr/prettiest-eyes-tribunal-sexual-harassment-almussawi-v-moussa/

The number of PSNI officers off on the sick is more than three times that for police forces in England and Wales, it has emerged. The PSNI currently has 6,340 officers and according to official figures as of July 31, a total of 661 officers were absent due to illness, meaning that just over 10 percent of officers are currently off on the sick. Of the 661 officers absent through sickness, 493 are described as as “absent long term”, which amounts to more than 7.7 percent of the workforce reports the Irish News:
https://www.irishnews.com/news/northern-ireland/psni-sick-leave-figures-three-times-english-and-welsh-counterparts

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9. 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.

Laws on union strike threshold set to be scrapped

Laws stipulating what proportion of union members have to vote for strike action in order for it to be legal are set to be scrapped. It is understood that the government intends to go ahead with its pledge to repeal the Trade Union Act as part of its wider shake-up of workers' rights. There are reports that the bill will be tabled by mid-October. The BBC has more here:
https://www.bbc.co.uk/news/articles/cm2nz4zlgr4o

First case in UK testing whether the Equality Act can cover indirect associative discrimination: BA’s associative discrimination appeal dismissed by EAT

An appeal by British Airways relating to associative discrimination and its practice of ‘fire and rehire’ has been thrown out by the Employment Appeal Tribunal. BA went to the EAT last month to appeal a decision from December 2022, which ruled that a group of cabin crew were subject to associative discrimination when the airline changed its terms and conditions during the pandemic. The claimants in the case – Rollett and others vs British Airways – had been supported by the Equality and Human Rights Commission and the new minister for women and equalities, Bridget Phillipson, was invited to intervene by the judge. According to court documents published, the EAT has now dismissed the appeal. More here from Personnel Today:
https://www.personneltoday.com/hr/associative-discrimination-appeal-british-airways/

LNER train drivers to stage fresh weekend strikes

Train drivers at London North Eastern Railway (LNER) are set to strike every weekend in September, October and two in November, union bosses have announced. Aslef, which represents train drivers, said the walkouts at LNER were due to a breakdown in industrial relations and agreements. Separately, Border Force officers at Heathrow Airport have announced more industrial action in a row over changes to terms and conditions. The Public and Commercial Services union said 650 Border Force officers will strike from 31 August to 3 September, before they begin a period of working-to-rule and refusing to work overtime until 22 September reports the BBC:
https://www.bbc.co.uk/news/articles/cj9le7vdw91o

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10. Health and Safety Developments

Impacts to employee well-being due to information in the digital workplace

With growing numbers of workers relying on the digital workplace to get work done, attention is increasingly focused on the well-being impacts of digital working. A study by the University of Nottingham explored stress, burnout and mental health issues that can arise for employees as a result of demands they experience when using technology at work, with 76 percent of global workers reporting information overload contributes to their daily stress:
https://journals.sagepub.com/doi/10.1177/21582440241268830

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11. Friends of Legal Island

Appointment of President of the Industrial Tribunals & Fair Employment Tribunal

The Northern Ireland Judicial Appointments Commission has appointed Mrs Maxine Orr as President of the Industrial Tribunals and the Fair Employment Tribunal (ITFET) in Northern Ireland.  Mrs Orr was sworn into office before the Right Honourable Dame Siobhan Keegan, the Lady Chief Justice of Northern Ireland on Monday 19 August 2024. Read more:
https://www.nijac.gov.uk/news/appointment-president-industrial-tribunals-fair-employment-tribunal#:~:text=In%20September%202018%20Mrs%20Orr,the%20President%2C%20Mr%20Noel%20Kelly

Congratulations to Maxine from all at Legal Island!

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12. Free Webinars This Month

Comparative Law Webinar with Lewis Silkin LLP

Thurs 19th Sept, 11am - 11.45am

With a new Labour government in GB, the ‘Good Jobs’ consultation in NI and recent changes in ROI we’re all playing catch up on the divergence of laws between the neighbouring jurisdictions.

Join Emma Grossmith, Managing Associate, Lewis Silkin (NI) LLP and Catherine Hayes, Managing Associate, Lewis Silkin LLP ROI as they discuss recent, and upcoming, changes to:

1. Zero-hours contracts
2. Family rights
3. Domestic abuse

This webinar will coincide with the launch of a Special Edition of the Legal Island Comparative Law table produced in association with Lewis Silkin LLP.

Register for free: https://attendee.gotowebinar.com/register/2564054959976973149?source=Round+Up

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

Enjoy the weekend.

Legal-Island