Top 5: We trawled the headlines so you don’t have to...

1. 🔎⚧️🌈 Is Northern Ireland impacted by UK Supreme Court's ruling on 'woman' and 'sex'?
2. 🧑‍🍼Employee won £25K after bosses moved her workplace while she was on maternity leave and failed to tell her
3. 🐀🗑️What caused the Birmingham bin strike – and what does it mean for businesses?
4. ⚖️£200k award to community nurse over failure to support return to work
5. 🙎‍♀️🤷Should all grievances be dealt with in-house?

And in other news...Clear your diary (and your browser history) – our upcoming events are hotter than a GDPR breach and twice as enlightening! You can check them out here

**If you have any difficulties accessing the article or resetting your password (if you haven’t already done so in 2025) please email hub@legal-island.com and we’ll be in touch with you as soon as possible.**

1. Case Law Reviews
2. AI and Employment Law
3. What the Supreme Court Ruling means for Inclusive Workplaces
4. Top 3 Reasons for Internal Communications within Organisations
5. Social Justice
6. Employee Wellbeing and Support
7. Just in Case You Missed it...
8. HR Developments
9. Employment News in the Media
10. GB Developments

For Women Scotland Ltd v Scottish Ministers [2025] UKSC 16

Summary Description: 
Supreme Court determined that the definition of sex within the Equality Act 2010 relates to biological sex and does not apply to certificated sex under a gender recognition certificate.

Claimant: 
For Women Scotland Ltd

Respondent: 
Scottish Ministers

Practical Guidance for Employers:
The decision of the Supreme Court has rightly received a lot of publicity considering the effect it has on an area of popular debate.  However, some of that publicity does not get far beyond the headline from the decision and the Supreme Court here is outlining how the protections within the Equality Act 2010 operate.  This does not remove all protection from transgender people but rather that protection arises under the protected characteristic of gender reassignment whereas the protected characteristic of sex is defined as meaning biological sex.  The impact of this especially when it comes to distinctions made on sex or single sex areas may lead to more litigation but any change to the definition of sex would now be a matter for Parliament rather than the courts.

Read the Review in full:
https://legal-island.com/employment-law-hub/for--women-v-scotland-ltd-v-scottish-ministers

Marshall v East & North Hertfordshire NHS Trust [2025] EAT 46

Summary Description: 
Appeal allowed where the Tribunal had failed to address one of the many claims that had been made by the claimant.  The claimant had a right for it to be addressed and so the case was remitted.

Claimant: 
L Marshall

Respondent: 
East & North Hertfordshire NHS Trust

Practical Guidance for Employers:
This decision should be taken into account by the Tribunal and ensuring that there is a distinct line made between the claims made by the claimant and the decisions made through the judgment.  In many judgments, especially those of the Northern Ireland Industrial Tribunal, the heads of claim are well set out at the beginning of the judgment and this then allows for completeness between those heads of claim and the decisions being made.  Such process is helpful in ensuring justice for those who come before the Tribunal as well as avoiding such procedural appeals.

Read the Review in full:
https://legal-island.com/employment-law-hub/marshall-v-east-north-hertfordshire-nhs-trust
 
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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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AI Agents: The new frontier in HR

AI is impacting nearly every corner of business, including HR. The 2024 HR Technologies UK Pulse Survey highlights a growing enthusiasm for technological investment – especially in AI. In fact, over 80% of HR leaders report being somewhat or extremely likely to adopt AI for employment-related processes such as workforce development. More from HR Director:
https://www.thehrdirector.com/features/future-of-hr/ai-agents-new-frontier-hr/

The New AI talent strategy is redesigning roles

Along with the importance of global reskilling, new Pearson Research shows age of AI calls for employers to focus on creative strategies to close talent gaps in their workforce. More here from Pearson:
https://plc.pearson.com/en-GB/news-and-insights/news/new-pearson-research-new-ai-talent-strategy-redesigning-roles

What is behind the recent scramble to hire chief AI officers?

According to a recent survey, nearly half of FTSE 100 companies have appointed a dedicated leader of AI. It would take a pretty strong commitment, maybe even living in a Wi-Fi-less bunker, not to notice the impact of AI on the way we live and work. Truly, we are all affected by innovations in this space, be it via new ways to engage with technology, social media, healthcare or our jobs, to name a few. London-headquartered executive talent provider Pltfrm has just released its ‘All In: The Corporate AI Leadership Race’ report, which highlighted the struggle to quickly deploy CAIOs, as AI stops being a “tech problem” and evolves into a “bet-the-company priority”. Silicon Republic has more:
https://www.siliconrepublic.com/careers/scramble-hire-chief-ai-officers-skills-productivity-growth

"That Shopify AI Memo – why all the fuss?"

In this episode, Barry Phillips unpacks Shopify’s internal AI memo that’s caused quite a stir. What does it reveal about the future of AI at work—and what should HR and legal professionals take from it? A sharp look at policy, ethics, and employee relations in the age of AI.

"That Shopify AI Memo – why all the fuss?"

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The Supreme Court's recent ruling on the definition of sex under the Equality Act is a landmark decision and one that places new expectations on employers and HR professionals alike. This ruling requires HR leaders to navigate the complex interplay of legal compliance and inclusion by reviewing sex-based policies with care, ensuring commitments to equality and psychological safety remain intact. It highlights the challenge of building inclusive workplaces for all, including trans and non-binary employees, while upholding the law. Kelly Tucker from HR Star outlines guidance for employers in this article for New Business:
https://www.newbusiness.co.uk/articles/legal-advice/from-compliance-culture-what-supreme-court-ruling-means-inclusive-workplaces

And...

Is Northern Ireland impacted by UK Supreme Court's ruling on 'Woman' and 'Sex'?

The UK Supreme Court ruled on Wednesday, April 16, that the definition of ‘woman’ and 'sex' under the Equality Act 2010 excludes trans women who hold Gender Recognition Certificates (GRCs). As the UK's Equality Act 2010 does not extend to Northern Ireland, the ruling does not impact Northern Ireland directly. However, the Equality Commission of Northern Ireland says it is likely that the ruling will be "persuasive" in future industrial tribunals and courts, while Unionist politicians in support of the Supreme Court's ruling are calling for action at Stormont. Irish Central has more:
https://www.irishcentral.com/news/northern-ireland-uk-supreme-court

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Evolving workforce expectations, economic uncertainty, and the growing presence of AI are all shifting how organisations communicate and lead - so how can HR stay connected to what employees need while staying one step ahead of what’s coming next? Gallagher’s 2025 Employee Communications Report brings together findings from its global State of the Sector 2024/25 survey. Interestingly, the top three reasons for internal communications in organisations were:

1. Strategic alignment (creating clarity around company purpose and vision)
2. Culture & belonging (fostering an inclusive workplace where employees feel valued)
3. Organisational agility (supporting adoption of new behaviour)

More from Personnel Today:
https://www.personneltoday.com/hr/2025-employee-communications-report/

You can download a copy of the report here:
https://www.ajg.com/employeeexperience/state-of-the-sector/?utm

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University of Oxford: UK Whistleblower Reform is Crucial for Global Anti-Corruption Enforcement

British whistleblowers have relied on transnational whistleblower laws in the US to report corruption since the passage of the Dodd-Frank Act in 2010. However, changes to US anti-corruption policies and agency powers under the current administration, which threaten the enforcement of these laws, may leave British and other international whistleblowers with no safe, effective reporting mechanism.  The UK is well suited to fill this potential global anti-corruption enforcement void by implementing long overdue changes to its whistleblowing framework. The UK’s announcement of a new tax whistleblower reward scheme, modeled off of US whistleblower award programs, is a positive sign. You can read this Faculty of Law blog in full here:
https://blogs.law.ox.ac.uk/oblb/blog-post/2025/04/uk-whistleblower-reform-crucial-global-anti-corruption-enforcement

Give abused migrant workers new visa to stay in the UK, home secretary urged

Migrant health care workers and fruit pickers who have been exploited by rogue employers should be given the right to a replacement visa, lawyers and charities have warned. Over 100 lawyers and rights organisations have warned the home secretary that the UK’s migrant worker visa schemes are at risk of breaching international human rights obligations. Migrants who come to the UK on the health and care worker visa and the skilled worker scheme continue to be exploited and abused by some employers. More from the Independent:
https://www.independent.co.uk/news/uk/home-news/migrant-health-care-worker-visa-scheme-b2737907.html

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Trust pays £200k to nurse over failure to support return to work

Mersey Care NHS Foundation Trust was ordered to pay compensation to the nurse, named in tribunal documents as Mr A McGuiness, following the conclusion of an employment tribunal. The nurse of 25 years’ case centred around the lack of support and reasonable adjustments made by his employer after he suffered a brain haemorrhage in December 2016, which left him disabled. Mr McGuiness successfully claimed that the failure to make reasonable adjustments had caused a recurrence and exacerbation of depression and anxiety. More from the Nursing Times:
https://www.nursingtimes.net/community-nursing/trust-pays-200k-to-nurse-over-failure-to-support-return-to-work-22-04-2025/

Is Your Workplace Ready for Gen Z?

And in this article from HRD Connect, Danni Rush, COO of Virgin Incentives, argues Gen is entering the workforce with a new set of expectations -prioritising wellbeing, purpose, and flexibility over traditional perks and paychecks. But with headlines warning of a “productivity crisis” and rising youth worklessness, are employers truly tuned in to what this generation needs?
https://www.hrdconnect.com/2025/04/22/is-your-workplace-ready-for-gen-z-virgin-incentives-coo-has-answers/

Little over half of employers provide support for mental and social health

Little over half of employers provide support for mental and social health, and less than half provide support for physical and financial health, according to new research.

For which of the four pillars of health and wellbeing do you provide employees with support?

• Mental health and wellbeing: 54%
• Social wellbeing: 52%
• Physical health and wellbeing: 44%
• Financial health: 43%
• None of these: 9%

Read more about the research carried out by Towergate Employee Benefits here:
https://www.thehrdirector.com/business-news/employee-benefits-and-reward/little-half-employers-provide-support-mental-social-health/

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C' is for Competent and Confident Managers

Effective leadership is not just about overseeing tasks; it is about inspiring confi-dence, managing performance, navigating workplace challenges with skill, and having the confidence to act. At the heart of strong leadership lie two essential qualities: competence and confidence. More from AAB here:
C' is for Competent and Confident Managers

Employment Law at 11: Diversity & Inclusion Special

Following the Employment Law at 11: Diversity & Inclusion Special held on 4 April 2025, additional reflections and legal insights are now available from Seamus McGranaghan of O’Reilly Stewart Solicitors. These follow-up articles address key themes raised during the session and consider the broader legal and organisational implications of embedding Diversity, Equity and Inclusion (DEI) effectively:

How Do Legal Frameworks Shape the Way Organisations Should Approach DEI? 

Is It Time to Say ‘Diversity, Equity and Inclusion’ Explicitly? 

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Should all grievances be dealt with in-house?

Stephen Miller, Partner at Clye & Co writes that he has noticed an emerging trend for employees and their unions to insist grievances be heard and resolved by an external party, independent of their employer. If an employee doesn’t trust their employer to handle their grievance fairly, that would signify that the mutual bond of trust and confidence has been broken and the employment relationship as good as over. Stephen argues that for all these reasons, employers need to become better at resisting calls for the appointment of independent grievance investigators – by reminding the employee of the contradiction of being in a relationship founded on trust and at the same time questioning the trustworthiness of the employer by insisting on a third party investigation. More from The Scotsman:
https://www.scotsman.com/news/opinion/columnists/all-grievances-should-be-dealt-with-in-house-5088375

Old School HR Vs New Generation HR

This article explores how HR has changed over the years. A comprehnsive approach to HR particularly in manufacturing and legacy firms is directly at odds with a new super specialised bifurcation into analytics and talent headhunting. Read more from HR Director:
https://www.thehrdirector.com/features/future-of-hr/old-school-hr-vs-new-generation-hr/

The 6 leadership traits driving employee turnover

Recent research from Robert Walters reveals 63% of professionals have left jobs primarily because they didn’t connect with their leadership team. The report identifies specific leadership behaviours that drive employees away with the top ones being lack of transparency and inconsistency. More on this from Think Business:
https://www.thinkbusiness.ie/articles/human-centric-leadership-employee-retention-business-success/

UK employees worried by potential rise of US working culture

European employees fear a negative impact on workplace culture and policies because of the influence of US business leaders such as Elon Musk, a new study has found. Workers in Italy, France, Spain, Germany, and the UK have a heightened level of anxiety over the spread of US corporate culture in Europe, the report by career services platform Zety has found. The study of more than 1,000 employees evenly split between the five countries found that 83% of employees are concerned that high-profile US leaders could drive a harmful shift in workplace norms. One third (34%) said they would start looking for a new job immediately if their company adopted stringent US-style policies, such as return-to-office mandates or weekly accountability reports, reduced holiday entitlement and longer hours. Personnel Today has more:
https://www.personneltoday.com/hr/uk-employees-worried-by-potential-rise-of-us-style-working-culture/

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Police chiefs will be able to automatically dismiss officers who fail background screening under new government measures. The new measures will be introduced next month in response to an independent inquiry into the murder of Sarah Everard by police officer Wayne Couzens in 2021. In her report, Lady Elish Angiolini found that Couzens should never have been given a job as a police officer, and recommended a radical overhaul of vetting procedures and workplace culture. You can read more on this from Personnel Today:
https://www.personneltoday.com/hr/police-vetting-dismissal/

Marks and Spencer (M&S) says it has been dealing with a "cyber incident" affecting some of its services over the last few days. The UK retailer said its Click and Collect service had been impacted by technical issues along with its ability to collect contactless payments - with many customers taking to social media to complain about delays, reports the BBC:
https://www.bbc.co.uk/news/articles/c9djvzwn858o

A pregnant recruitment employee has won more than £25,000 after bosses moved her workplace while she was on maternity leave and failed to tell her. Anna Munkevics told a tribunal how after a year off to care for her newborn, she returned to her Hereford workplace only to find the building had been 'cleared out'. The mother was due to work out her notice period from the office after she resigned when bosses 'reneged' on an agreement that she could return to work on reduced hours.  The Daily Mail has more on this story:
https://www.dailymail.co.uk/news/article-14631517/Recruitment-bosses-moved-office-without-telling-maternity-leave.html

A Northern Ireland employment law firm has launched a new platform to help firms deal with leave management. The Derry-based consultancy HR Team says it’s making leave management easier than ever with the HR Leave Hub software platform. The Belfast Telegraph has more on this:
https://www.belfasttelegraph.co.uk/business/ulsterbusiness/news/northern-ireland-firm-launches-new-leave-management-platform/a556547787.html

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What caused the Birmingham bin strike – and what does it mean for businesses?

The strike, which began on 11 March, is the “fallout of Birmingham City Council going bust as a result of an equal-pay claim brought by [female] cleaners who complained they were not paid as much as [male] binmen”. Their successful case was built on the allegation of sex discrimination, and based on the concept of “work of equal value”. Ross Clark from The Spectator argues this is just the beginning in this article from Money Week:
https://moneyweek.com/economy/uk-economy/birmingham-bin-strike

However…

A landmark ruling will tackle the gender pay gap for thousands of workers

The Fair Work Commission has found award pay rates in five industrial awards covering a range of female-dominated occupations and industries do not provide equal pay. This important decision should narrow the gender pay gap. The commission proposed significant increases to award pay rates covering thousands of workers including pharmacists, early childhood education and care workers, psychologists, physiotherapists and some other health workers. You can catch up on the five awards reviewed in this article in the Conversation:
https://theconversation.com/a-landmark-ruling-will-tackle-the-gender-pay-gap-for-thousands-of-workers-254798

Enjoy the Weekend!

Legal Island

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