One, two, cha, cha, chop! Not all that glitters is gold…..
This week's top 5:
- Historic equal pay victory sees Belfast woman awarded over £305k in compensation
- Northern Ireland retail staff and employers jointly call for a protection of shop workers’
- Can Stormont afford public sector pay rises?
- Be flexible about staff watching Olympics
- 57% of UK workers don't consider shouting as bullying - survey
And in other news...............join us for FREE WEBINAR next Friday 2nd August - The Shape of Diversity, Equality and Inclusion in Northern Ireland After the Elections, with DEI expert Conor Curran
- Case Law Reviews
- AI and Employment Law
- Equality
- CrowdStrike IT outage affected 8.5 million Windows devices, Microsoft says
- Can Stormont afford public sector pay rises?
- Be flexible about staff watching Olympics, employers urged
- Northern Ireland retail staff and employers jointly call for a protection of shop workers’ law after shoplifting doubles
- Just in Case You Missed It...
- HR Developments
- Employment News in the Media
- GB Developments
- Free Webinars This Month
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1. Case Law Reviews
Bratt v JCQC Solicitors Limited [2024] Case No: 2601388/2022
Summary Description: Sexual harassment found when the owner made comments about his previous relationships, gave differing accounts as to why he messaged the claimant and showed dating websites through his Facebook page.
Claimant: Megan Bratt
Respondent: JGQC Solicitors Limited
Keywords: Sexual Harassment
Practical Guidance for Employers:
There were a range of conversations and actions within this judgment that the Tribunal had to examine against the legislative framework vis-à-vis sexual harassment. This case does provide an example of the type of conduct which could make an employee feel uncomfortable, it being of a sexual nature and it had the effect of creating an intimidating, hostile, degrading, humiliating or offensive environment. It is important that staff are regularly trained on these matters considering the effect they can have on the workplace generally but also to stop such cases from arising.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/july/bratt-v-jcqc-solicitors-limited-2024/
Karim v General Medical Council [2024] EWCA Civ 770
Summary Description: Race discrimination claim dismissed by Court of Appeal as the Tribunal should outline whether any differences regarding comparators were material.
Claimant: Dr O M A Karim
Respondent: General Medical Council
Keywords: Race Discrimination
Practical Guidance for Employers:
An interesting decision of the Court of Appeal on the evidence to be considered in a discrimination case as well as the process when it comes to comparators. In terms of comparators, the Court states that there is a duty on the Tribunal to outline the differences between the situations and outline whether they are material in relation to the finding of discrimination. This is important especially when many discrimination cases would be highly contextualised and there would be differences in situation affecting various employees who may be relied upon as comparators.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/july/karim-v-general-medical-council-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
AI safety measures: a comparative chart
Unsurprisingly there is no global standard on AI regulation. But Lewis Silkin provides an overview of the existing and proposed safeguards intended to protect individuals where AI systems are introduced into the workplace:
https://www.lewissilkin.com/en/insights/ai-safety-measures-a-comparative-chart
The launch of ChatGPT4omini - what does it mean for us in HR?
In this podcast episode Barry Phillips considers the importance of the launch this week of ChatGPT4omini and how it may help HR tool-up.
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3. Equality
ELL1 Disability Support consultation for skills for life and work programmes
Evidence shows that half of participants on Entry Level/Level One (ELL1) training programmes have one or more disabilities. The DfE proposal being consulted on is to transition from the current delivery model, where additional support is provided by a different organisation, to an integrated provision that includes disability support as part of the mainstream offer to disabled participants provided by the training provider. The deadline for responses is 17.00h on Friday 11 October 2024 and you can find out how to share your views here:
https://www.economy-ni.gov.uk/sites/default/files/consultations/economy/disability-support-dfe-training-programmes-consultation.pdf
Historic equal pay victory sees Belfast woman awarded over £305k in compensation
A Belfast woman has been awarded over £305,000 in compensation in what is believed to be the highest individual equal pay claim in Northern Ireland's history. Shona Boyle, an employee of Caterpillar NI, initiated her claim in July 2018, after discovering significant pay discrepancies between herself and three male colleagues who were performing the same job. Belfast Live has more here:
https://www.belfastlive.co.uk/news/belfast-news/historic-equal-pay-victory-sees-29590395
Half of workers affected by caring responsibilities, with many using sick days to look after loved ones, study finds
51 per cent of the UK workforce say their career has been impacted by taking on responsibility for different generations of their family’s health and wellbeing, a report by Bupa has shown. The survey of 8,027 UK adults, conducted by Censuswide on behalf of Bupa, revealed that millennial workers were one of the working demographics most affected, with 40 per cent of those aged 25 to 44 reporting their career had suffered as a result of caring for parents, grandparents, siblings and children. More from People Management:
https://www.peoplemanagement.co.uk/article/1881631/half-workers-affected-caring-responsibilities-using-sick-days-look-loved-ones-study-finds
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4. CrowdStrike IT outage affected 8.5 million Windows devices, Microsoft says
Microsoft says it estimates that 8.5m computers around the world were disabled by the global IT outage. The glitch came from a security company called CrowdStrike which sent out a corrupted software update to its huge number of customers. More from the BBC:
https://www.bbc.co.uk/news/articles/cpe3zgznwjno
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5. Can Stormont afford public sector pay rises?
The chancellor has hinted that she may give public sector workers above-inflation pay rises this summer. Rachel Reeves' comments came as it is understood independent pay review bodies have recommended an increase of 5.5% for teachers and some NHS workers in England. That could have an impact for workers in Northern Ireland and on Stormont’s finances reports the BBC:
https://www.bbc.co.uk/news/articles/c3grzvzpwjno
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6. Be flexible about staff watching Olympics, employers urged
Workplace expert, Acas, has issued top tips today to help employers prepare for potential issues that could arise during the 2024 Olympics Games in Paris that start on Friday. Paris 2024 will take place between Friday 26 July and Sunday 11 August 2024. Acas advises employers and small businesses to have agreements in place that cover requests for time off, sickness absence, website use during working hours or watching TV during this period:
https://www.acas.org.uk/acas-urges-employers-to-aim-for-gold-medal-team-line-ups-for-the-olympic-games
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7. Northern Ireland retail staff and employers jointly call for a protection of shop workers’ law after shoplifting doubles
The call comes after an epidemic of retail crime, with the latest recorded crime statistics from the Police Service of Northern Ireland (PSNI) showing that shoplifting had more than doubled since the pandemic. Usdaw and the NIRC are seeking Stormont support for a Scottish-style protection of shop workers’ law, which the new Labour Government in Westminster included in last week’s King’s Speech, although that will only apply in England and Wales:
https://www.usdaw.org.uk/About-Us/News/2024/Jul/Northern-Ireland-protection-of-shop-workers
And if you're interested in learning more on how to safeguard your workers from third-party harassment, join Christine Swail of People Management Solutions at her session at Legal Island's Annual Review of Employment Law on 27th November 2024. In-person at Crowne Plaza, Belfast or stay at home or in the office and join us online in this hybrid event! More details here:
https://bit.ly/ktniarel24
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8. Just in Case You Missed It...
ChatGPT as your Personal HR Coach/Mentor?
Last week Barry Phillips reported on his experiments to create an executive coach for people in HR.
https://www.legal-island.com/articles/uk/resources/ai-for-hr-weekly-podcast/2024/july-2024/chatgpt-as-your-personal-hr-coachmentor/
Handling Remote Employee Complaints About Internal Recruitment Bias
Tughans LLP on employment law and difficult workplace scenarios. This month’s problem concerns:
“We have recently carried out a recruitment process for an internal vacancy. We received a complaint from an employee who works remotely. The employee feels they were not looked upon as favourably during the process as other employees who work in the office. How do I handle it?”
Emma Doherty shares her answer:
https://www.legal-island.com/articles/uk/features/how-do-i-handle-it/2024/july/handling-remote-employee-complaints-about-internal-recruitment-bias/
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9. HR Developments
Being bullied at work? Here's how to handle a toxic work environment
New research by the law firm Wright Hassall has found that nearly half of all UK employees have been bullied, or have witnessed bullying, at work. This rises to 59% when looking solely at female respondents. The survey also indicated how some of us perceived certain worrying behaviours as being acceptable when in the office:
- 57% didn’t consider shouting as bullying
- 35% didn’t think making jokes at the expense of a colleague counted
- 12% believed intimidation was acceptable
- 21% believed that spreading rumours about a workmate was justifiable
More here from Harpers Bazaar:
https://www.harpersbazaar.com/uk/people-parties/bazaar-at-work/a61635745/workplace-bullying/
Mental health training linked to better business performance – study
Mental health training for line managers is strongly linked to better business performance, and could save companies millions of pounds in lost sick days every year, according to research. The study by a team from the University of Nottingham, published in the journal PLOS ONE, showed a strong association between mental health training for line managers and improved staff recruitment and retention, better customer service, and lower levels of long-term mental health sickness absence. More from Personnel Today:
https://www.personneltoday.com/hr/mental-health-training-linked-to-better-business-performance-study/
AI, burnout, inclusivity and falling budgets are causing sleepless nights
New research from the Chartered Institute of Marketing (CIM) highlights the issues keeping marketers up at night in 2024. The findings include:
- 44% of respondents stating that their team has not become more diverse within the last 12 months
- 65% believe AI is being introduced too quickly
- 59% of 25-34 year olds indicated they were worried about experiencing burnout
HR Director has more here:
https://www.thehrdirector.com/business-news/ai/ai-burnout-inclusivity-falling-budgets-causing-sleepless-nights/
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10. Employment News in the Media
An employment tribunal did not err in rejecting a criminal defence barrister’s claim that campaign group Stonewall caused or induced a discriminatory act against her by her chambers, the Employment Appeal Tribunal has found. The Honourable Mr Justice Bourne dismissed Allison Bailey’s appeal in her high-profile discrimination case, finding no error of law in the decision. More:
https://www.lawgazette.co.uk/news/barrister-loses-tribunal-appeal-against-stonewall/5120462.article
British Airways is taking on the government and the equalities watchdog at the Employment Appeal Tribunal over an associative discrimination case relating to its ‘fire and rehire’ decisions during the pandemic. The claimants, who worked as cabin crew for BA, are challenging changes the airline made to their employment terms and conditions in 2020. These included less predictable working patterns and shorter periods at home between shifts, which the claimants alleged to be associative discrimination – for example, carers who needed to know whether they would be home or not in order to make alternative caring arrangements. The new minister for women and equalities, Bridget Phillipson, also confirmed her support for counsel acting on behalf of the former crew to prevent BA challenging the rights of fathers and carers as part of the dispute. More from Personnel Today:
https://www.personneltoday.com/hr/british-airways-associative-discrimination-fire-and-rehire/
A court case will assess whether Nigel MacLennan, former trustee of the British Psychological Society (BPS), had worker status when he was dismissed, which lawyers have said could result in whistleblowing protections being extended to cover charity trustees. MacLennan raised concerns about the charity’s governance and finances with the Charity Commission but was expelled from the charity in May 2021 following allegations of “persistent bullying”, which he denied. An employment tribunal ruled last year that he was not a worker of BPS, and therefore had no jurisdiction to hear claims around detriment for making protected disclosures but this week an employment appeal tribunal (EAT) will review the decision. More from Civil Society:
https://www.civilsociety.co.uk/news/court-to-hear-call-for-expansion-of-whistleblowing-law-to-cover-charity-trustees.html
Christian Mallon was applying for 2,000 jobs a year, many of which he was totally unqualified for, then claiming compensation saying his ADHD and autism had been 'ignored'. He even cried discrimination after being rejected for the job of top civil servant in the Northern Ireland agriculture ministry, with a budget of £335million and 900 staff, despite having no relevant qualifications or experience. Now an employment tribunal has taken the unusual step of ordering him to pay £20,000 in costs for his 'vexatious' claims. More from the Daily Mail:
https://www.dailymail.co.uk/news/article-13657029/Professional-victim-disability-complaints-ordered-pay-vexatious-claims.html
A council worker who chose to sign off emails with ‘XYChromosomeGuy/ AdultHumanMale’ – instead of an option to include his preferred pronouns if he wished – has lost his claim for belief discrimination. While finding in favour of East Riding of Yorkshire Council in the case, the judge described its policy on preferred pronouns as “poorly thought through and badly executed” reports Personnel Today:
https://www.personneltoday.com/hr/gender-critical-worker-loses-preferred-pronouns-case-orwin-east-riding-council/
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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.
Rachel Reeves: this is how you fix the UK’s gender pay gap
For Nahla Khaddage Bou-Diab, the new government needs to realise that to narrow the gender pay gap it must tackle corporate culture and create an atmosphere in which women are properly valued and their contributions appreciated. More:
https://www.personneltoday.com/hr/rachel-reeves-this-is-how-you-fix-the-uks-gender-pay-gap/
Starmer warned he risks stoking inflation if he hands millions of public sector workers inflation-busting pay rises of 5.5% while increasing the minimum wage
Bumper rises of as much as 5.5 per cent for teachers and NHS staff could be signed off as early as this week - far beyond what departments have budgeted for. The award, recommended by pay review bodies, would be well above the current 2 per cent rate of inflation and cost about £3.5billion. But experts warned that bumper hikes could trigger higher pay demands in the private sector and spark a wage-price spiral, in turn driving up inflation. More from the Daily Mail:
https://www.dailymail.co.uk/news/article-13660797/Keir-Starmer-warned-risks-stoking-inflation-hands-millions-public-sector-workers-inflation-busting-pay-rises.html
‘Fire and rehire’ code comes into force for England, Scotland and Wales
The Code of Practice on Dismissal and Re-engagement was published by the Department for Business & Trade, and must now be taken into account by employment tribunals in relevant cases such as unfair dismissal. The code gives tribunals the ability to uplift compensation by up to 25% if an employer unreasonably fails to follow it. It requires employers to only use ‘fire and rehire’ as a last resort, asking them to consult for “as long as reasonably possible”, although there is no minimum consultation period. Personnel Today has more here:
https://www.personneltoday.com/hr/fire-and-rehire-code-2/
Skills England to transform opportunities and drive growth
The Prime Minister and Education Secretary have announced the launch of Skills England to bring together the fractured skills landscape and create a shared national ambition to boost the nation’s skills. More:
https://www.gov.uk/government/news/skills-england-to-transform-opportunities-and-drive-growth
And a link to the Report:
https://www.barnsley.gov.uk/media/opbpxxkz/bmbc-pathways-to-work-commission-report.pdf
Integrate NHS services and job centres to get more people working, report says
Ministers should integrate health services into job centres to unlock a hidden workforce of about 3 million “economically inactive” people who are without jobs, according to pioneering research that could provide a blueprint for government thinking on the labour market. The report, billed as the biggest single in-depth study of long-term worklessness, argues that a regime based largely on benefit sanctions has achieved little, and any serious effort to tackle economic inactivity must offer personalised help based on health. More from the Guardian:
https://www.theguardian.com/society/article/2024/jul/22/integrate-nhs-services-and-job-centres-to-get-more-people-working-report-says
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12. Free Webinars This Month
The Shape of DEI (Diversity, Equality and Inclusion) in Northern Ireland After the Elections
2nd August 2024, 11am
DEI expert Conor Curran, draws breath after the general and local election results to consider (DEI) manifesto promises. With a focus on workplace diversity & employment/equality law, this webinar will provide some insight as to what changes to working practices employers in NI might can expect in the future. The question is: when?
Conor Curran, Head of Diversity, Inclusion and Staff Wellbeing at Queen’s University. In his spare time, Conor is a freelance DEI Consultant. https://curcoconsult.com/
NOTE: – send questions in live during the webinars or drop a line in advance to webinars@legal-island.com. Anonymity assured.
Check out previous discussions:
https://www.legal-island.com/resources/any-questions-webinars/
Enjoy the weekend.
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