Stix and Stones may break your bones, but skimming tips breaks trust in the workplace......(catchy, right?!)
This week's top 5:
- Annual Review Session of the Week: AI in HR: Balancing Innovation with Compliance
- Father awarded £20k after gossip about his flexible working
- Younger LGBTQ+ staff look for visible allies before accepting job offers
- A quarter of employees are ‘broke’ before payday
- TikTok becomes the new water cooler
And in other news...............the Legal Island Annual Review of Employment Law is fasting approaching - have you got your ticket yet? It's a hybrid event - join us online (we've sold out in-person) on 27th November 2024. Find out more HERE
- Annual Review Session of the Week: AI in HR: Balancing Innovation with Compliance
- Case Law Reviews
- AI and Employment Law
- Pay
- DEI
- UK's sick pay timebomb that risks a lost generation of workers
- The Right to Disconnect
- Just in Case You Missed It...
- HR Developments
- Employment News in the Media
- GB Developments
- Free Webinars
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1. Annual Review Session of the Week ⚓︎
AI in HR: Balancing Innovation with Compliance
Sarah Cochrane of Carson McDowell explores the swift integration of Artificial Intelligence (AI) in the workplace, highlighting both its opportunities and challenges. As many in HR remain uncertain about AI's role in their organisations—yet fear it will fall under their responsibilities—it's crucial for HR to understand how to ensure AI is used responsibly and ethically to maintain trust and compliance in the workplace. More:
https://bit.ly/ktniarel24
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2. Case Law Reviews ⚓︎
Blee v Education Authority [2024] NIIT 31661/23
Summary Description: Claimant was not unfairly dismissed when he had left a child on the bus without doing the checks as well as leaving the engine running when there were pupils on the bus.
Claimant: Kieran Blee
Respondent: Education Authority
Keywords: Unfair Dismissal
Practical Guidance for Employers:
This case demonstrates that the Tribunal will look at matters in the round both in terms of substance and process. There can be the concern from employers and those conducting disciplinary processes that any small issue may be fatal and mean that the claimant would be successful regardless of the actual nature of the conduct. The Tribunal acknowledges that there were some errors and inconsistencies in terms of how the process was run here but looking at in the round it was reasonable, and the determination was one which a reasonable employer was entitled to come to.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/october/blee-v-education-authority-2024-niit-3166123/
Aghajanyan v Armenia [2024] App No: 41675/12
Summary Description: Employee’s freedom of expression breached when he outlined issues with chemical storage in a newspaper interview and he was dismissed.
Applicant: Aghajanyan
Respondent: Republic of Armenia
Keywords: Disclosure; Human Rights
Practical Guidance for Employers:
An interesting case demonstrating how the freedom of expression within the European Convention on Human Rights can cut across into employment matters. Within Northern Ireland and the wider United Kingdom the issues raised would be dealt with as a protected disclosure but it should be noted that the reason for such protection within the legislation is to ensure compliance with the relevant human rights operating behind that. Failure to allow for such application could lead to a human rights claim within the domestic and international court systems as well.
Read the Review in full:
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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3. AI and Employment Law ⚓︎
ChatGPT Version What, What, What?
This week Barry Phillips tries to make sense of all the versions of ChatGPT4 now available and asks which is best for HR.
Parliament explores how generative could support MPs and peers
Specialist parliamentary teams are exploring how generative artificial intelligence tools could support the work of MPs and peers – as well as the necessary safety measures needed to enable this to happen. The Parliamentary Digital Service (PDS) is, in particular, examining the possible implementation of Microsoft’s Copilot AI assistant – including its use to help manage communications. Public Technology has more here:
https://www.publictechnology.net/2024/10/23/government-and-politics/parliament-explores-how-generative-could-support-mps-and-peers/
TikTok owner sacks intern for sabotaging AI project
TikTok owner, ByteDance, says it has sacked an intern for "maliciously interfering" with the training of one of its artificial intelligence (AI) models. But the firm rejected claims about the extent of the damage caused by the unnamed individual, saying they "contain some exaggerations and inaccuracies". More here from the BBC:
https://www.bbc.co.uk/news/articles/c7v62gg49zro
Hollywood celebrities among thousands warning against AI
A new statement is the latest attempt by creatives to protect their work from the growing AI bubble. More than 13,000 creatives from around the world, including famous actors, singers and authors have signed a statement warning artificial intelligence (AI) companies that the unlicensed use of their work to train generative AI models is a “major, unjust threat” to their livelihoods. Read more:
https://www.siliconrepublic.com/machines/fairly-trained-ai-training-data
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4. Pay ⚓︎
Staff tipping fine complaint prompts investigation
The Belfast restaurant chain Stix and Stones has said it is investigating allegations about tipping practices and wage deductions. BBC News NI spoke to one employee at the restaurant on Upper Queen Street who suggested fines would be issued for missing uniform items amongst other issues. The trade union Unite said it held productive talks with the restaurant on Wednesday and it would “not rest until any and all deductions to their (staff) tips have been made good by the company”. Stix and Stones said the reported system of proposed fines “contradicts our policies”. More from the BBC:
https://www.bbc.co.uk/news/articles/cwy54d9dnpjo
A quarter of employees are ‘broke’ before payday
One in four employees has run out of money before payday, according to new research on the cost of living crisis by HR and payroll software provider Ciphr. The survey of 2,000 UK adults found that around one in four (23%) has run out of money before their ‘pay day’ (or equivalent) at least once this year. This figure includes over a quarter (28%) of employees in full- or part-time work, a third (36%) of people who are unemployed, and two-fifths (42%) of students. More from HR Director:
https://www.thehrdirector.com/business-news/financial/quarter-employees-broke-payday/
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5. DEI ⚓︎
Father awarded £20k after gossip about his flexible working
A man has won more than £20,000 in a claim for sex-based harassment after his colleagues ‘gossiped’ about him working flexible hours. Courtney Rawlins worked for parcel delivery service DPD as a driver, and made a request for flexible working ahead of the birth of his daughter, which was granted in early 2022. The agreement meant that after she was born in March 2022, he could work 10-hour days from Monday to Thursday, and would not work Friday. He was issued an updated contract of employment to reflect his hours, which began in April. Read:
https://www.personneltoday.com/hr/father-flexible-working-tribunal/
Harrods settling over 250 claims against Al Fayed
Harrods has told the BBC it is in the process of settling more than 250 claims for compensation brought by women who allege historical sexual misconduct by Mohamed Al Fayed. The department store said the women have come forward since the release of a BBC documentary more than four weeks ago. The investigation exposed decades of serious sexual abuse allegations against the former Harrods owner:
https://www.bbc.co.uk/news/articles/ckg9gnw44e4o
Younger LGBTQ+ staff look for visible allies before accepting job offers, survey reveals
80 per cent of LGBTQ+ Gen Z students and graduates are more inclined to accept a job offer if they see visible allies in senior positions. As a result, myGwork, a business community for LGBTQ+ professionals, has warned that employers may struggle to attract younger talent if their leadership teams do not reflect a diverse workforce. You can read more from People Management here:
https://www.peoplemanagement.co.uk/article/1892795/younger-lgbtq+-staff-look-visible-allies-accepting-job-offers-survey-reveals
Law firms lead the way in latest social mobility index
The legal profession has once again made a strong impact in the latest social mobility powerlist, with over 30 of the top 75 spots claimed by law firms and chambers. The annual index, produced by the Social Mobility Foundation, a charity that supports high-achieving students from low-income backgrounds in accessing top universities and careers, measures entrants’ performance across eight key areas of employer-led social mobility. Sharing the top spot on this year’s list are Browne Jacobson and accountancy giant PwC, with Magic Circle firms Slaughter and May and Linklaters taking 5th and 6th places, respectively. Legal Cheek has more here:
https://www.legalcheek.com/2024/10/law-firms-lead-the-way-in-latest-social-mobility-index/
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6. UK's sick pay timebomb that risks a lost generation of workers ⚓︎
The rise in the bill for working-age health-related benefits has surged from £36bn before the pandemic to £48bn in the last financial year, and the official Office for Budget Responsibility (OBR) forecast is that it will reach £63bn per year in the next four years, with all these numbers accounting for inflation. The big fear is that this could lead to a post-pandemic cohort of younger workers who will permanently drop out of the labour market. New data shows that benefit claimants are trending younger, and suffering more with mental health problems, reports the BBC:
https://www.bbc.co.uk/news/articles/c99vz4kz5vzo
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7. The Right to Disconnect ⚓︎
With the increased use of mobile devices in the workplace, the digital age has blurred the lines between work and personal life leading to stress, burnout and a negative impact on some employee’s health and wellbeing. To address the issue, the concept of a “Right to Disconnect” law is gaining traction worldwide. O'Reilly Stewart's Commercial Director and friend of legal Island, Seamus McGranaghan, outlines what it could mean for both employers and staff. Read in full here:
https://oreillystewart.com/the-right-to-disconnect/
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8. Just in Case You Missed It... ⚓︎
Dyslexia support in our schools. Are we getting it right?
On October 14th Robbie Meredith, BBC News NI Education Correspondent, reported on problems with the support for pupils with dyslexia in Northern Ireland schools, with the EA revealing that almost 200 children are currently on a waiting list for "direct intervention". This mirrors the current situation in England and Wales with pupils waiting years for support there. More from Frank Cassidy:
https://www.legal-island.com/articles/uk/features/education1/2024/october/dyslexia-support-in-our-schools.-are-we-getting-it-right/
What We Learned Last Quarter – Q3
Welcome to WWLLQ —your go-to guide as a Legal Island hub subscriber. We’ve got the latest on upskilling, AI, and even what happens when facial recognition tech meets the school lunch line (yes, really!) From ChatGPT secretly becoming your team’s new best friend (or biggest headache) to the joys of flexible working requests, we’re here to make sure you stay on top of the latest developments…
https://www.legal-island.com/articles/uk/features/supplementary/2024/october/what-we-learned-last-quarter--q3/
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9. HR Developments ⚓︎
Are you confusing being busy with being productive in your working day?
If you feel as though you are always busy, yet you aren’t meeting your goals or targets, then you may be working reactively, not proactively. Catch up here:
https://www.siliconrepublic.com/careers/confusing-busy-productive-working-day-organisational-skills
Women and non-managers are facing financial exclusion and HR isn’t acting
Bippit’s latest research reveals that women and non-managers face significantly greater financial challenges than the average UK employee, yet HR isn’t addressing their needs. Rea in full:
https://www.thehrdirector.com/business-news/financial/women-non-managers-facing-financial-exclusion-hr-isnt-acting/
Global HR Law Guide update: Discrimination
The Ius Laboris Global HR Law Guide takes you through the legal aspects of the entire employment journey, with 16 chapters covering recruitment through pensions in over 50 countries. It is a valuable tool for HR and in-house counsel and can be found here:
https://iuslaboris.com/insights/global-hr-law-guide-update-discrimination/
TikTok becomes the new water cooler, as workers vent about their jobs online
Over a third of workers overall (and about half of Gen Zers) admit to posting about their job or employer negatively on social media, according to a recent survey from Owl Labs including responses from over 2,000 full-time U.S. workers. About 20% have posted content negatively related to their job on their personal social channels like X, Instagram and Facebook, and 15% posted on their personal TikTok accounts. Some 13% have posted anonymously on sites like Glassdoor. And 15% admit to recording conversations or meetings with their employer. Digiday has more on this:
https://digiday.com/media/tiktok-becomes-the-new-water-cooler-as-workers-vent-about-their-jobs-online/
Company bosses suffer a ‘preparation gap’ which could damage businesses
Research conducted by Censuswide questioned 150 CEOs across the UK’s £240bn professional services sector on confidence and planning in navigating business critical issues. The study showed bosses were least confident in handling:
- Gen Z’s demands for higher pay and more workplace benefits
- Productivity being hit by the climate crisis
- Greenwashing accusations
The research suggested handling cyber threats as a looming issue in professional services firms. Less than half (43%) of CEOs were very confident in their businesses’ ability to navigate the threat of deepfakes or malicious AI content that could cause reputational and commercial harm over the next 12 months. HRD Connect has more on this:
https://www.hrdconnect.com/2024/10/18/company-bosses-suffer-a-preparation-gap-which-could-damage-businesses/
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10. Employment News in the Media ⚓︎
Queen's University Belfast (QUB) is set to cut up to 270 jobs - more than 5% of its workforce. According to documents seen by BBC News NI, the university is facing a deficit of more than £11m in 2024-25. It is planning to cut the jobs through a voluntary redundancy scheme. In a statement, a university spokesperson said: "There will be no compulsory redundancies.” Find out more:
https://www.bbc.co.uk/news/articles/cwy54v5lg45o
Tram workers in Edinburgh have won a dispute over rest periods and toilet breaks after threatening strike action, a union has confirmed. Unite said late running times on services between Edinburgh Airport and Newhaven stopped workers from taking necessary comfort breaks. After a ballot where workers "overwhelmingly" supported strike action, Edinburgh Trams accepted Unite's position over rest periods. The union represents drivers, ticket service assistants, controllers and vehicle maintenance workers on the tram network. Read more:
https://www.bbc.co.uk/news/articles/c9wkwj85897o
More redundancies have been confirmed in the north’s materials processing sector amid a slowdown in sales of locally manufactured machinery in key markets. The Finnish-owned MPP Group, which includes mobile crushing and screening specialist McCloskey International in Dungannon and Clonoe; Tesab Engineering in Omagh; and Tedd Engineering in Newbridge, is understood to have cut between 60 and 70 jobs across its Northern Ireland operations in recent months reports the Irish News:
https://www.irishnews.com/news/business/redundancies-continue-across-norths-materials-processing-sector-5FWAG3BP55HXBASRYY3Z7QE4IM/
A tribunal appeal has raised the question of whether a charity trustee “is or should be treated as a worker” when seeking to be protected as a whistleblower. Nigel MacLennan was a trustee and president-elect at British Psychological Society (BPS) when he uncovered and reported “serious concerns of corporate governance failings” there to the Charity Commission. Last year, an Employment Tribunal (ET) ruled that MacLennan was not a worker at BPS and had no jurisdiction to hear his claims around detriment for making protected disclosures. MacLennan appealed the decision, arguing that he should be treated as a worker and protected from reprisals for blowing the whistle under articles 10 and 14 of the European Convention on Human Rights (ECHR). More from Civil Society:
https://www.civilsociety.co.uk/news/tribunal-raises-question-of-whether-trustees-should-be-protected-as-whistleblowers.html
A mum has won a payout of more than £28,000 after she was sacked from her job due to her pregnancy. Nikita Twitchen was about to return from maternity leave when building services firm First Grade Projects decided to dismiss her because she was expecting another baby. More from the Daily Record:
https://www.dailyrecord.co.uk/news/uk-world-news/boss-sacked-woman-after-came-33927482
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11. 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.
Consultation: Changes to statutory sick pay in GB
Several core parts of the GB Employment Rights Bill are being consulted on, giving the public, businesses and employees the chance to influence reforms around workers’ rights. Here, Personnel Today examines the discussions around moving forward on statutory sick pay. Among the key policies of Making Work Pay is the upgrading of statutory sick pay. The changes, which apply to England, Scotland and Wales, will be incorporated into the Employment Rights Bill which had its second reading in the Commons Tuesday:
https://www.personneltoday.com/hr/statutory-sick-pay-consultation/
Wetherspoons and Pizza Pilgrims bosses call for business rates relief ahead of budget
In an open letter to Rachel Reeves, hospitality bosses called for permanent action with the extension and lowering of business rates relief for the sector, including 170 signatures from various high street groups such as Pizza Pilgrims, Fuller’s, Greene King, and JD Wetherspoon. The letter said that if action is not taken, high street investments “will be curtailed, employment opportunities will be squandered, and ultimately, we will see higher levels of business failures.” More from City A.M.:
https://www.cityam.com/wetherspoons-and-pizza-pilgrims-bosses-call-for-business-rates-relief-ahead-of-budget/
New workers' rights 'to cost firms £5bn a year'
Labour's plans to upgrade GB workers' rights will cost businesses up to £5bn a year to implement, according to the government's own analysis. The new measures would have a disproportionate impact on smaller businesses, responsible for employing 13 million workers, the impact assessment report found. More here from the BBC:
https://www.bbc.co.uk/news/articles/cvgdgx8vze8o
However…
Impact of GB Employment Rights Bill benefits people in most deprived areas
The GB Employment Rights Bill could cost businesses £7.4bn over the next decade as the government published its impact assessment and launched four consultations on the landmark legislation. The government’s economic analysis says the Employment Rights Bill will have a positive direct impact on economic growth. The government said that 10 million working people across the country would benefit. It said the Bill is expected to help people in the most deprived areas of the country by saving them up to £600 in lost income from the hidden costs of insecure work. More from Personnel Today:
https://www.personneltoday.com/hr/employment-right-bill-consultations-impact/
Free Resource: GB Employment Rights Bill: factsheets
The Department for Business and Trade published ten factsheets on the Employment Rights Bill 2024-25 so businesses, employers and employees can understand the measures within the bill and how it affects them. You can access them here:
https://www.gov.uk/government/publications/employment-rights-bill-factsheets
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12. Free Webinars ⚓︎
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.
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