From the 'Good Jobs' consultation deadline to the debates about the right to disconnect, it seems the only thing working overtime this autumn might be the law itself!

This week's top 5:

1. Annual Review Session of the Week: An unstoppable force meets an immoveable object
2. Disability discrimination case settled against QUB
3. Costs Order made against Claimant in 'Orange Hall chanting' case
4. The Importance of Training for Neuroinclusion in the Workplace
5. More than 150 MPs urge Asda bosses to end sex discrimination

And in other news...............register for FREE for the next Employment Law at 11 with Seamus McGranaghan of O'Reilly Stewart Solicitors next Friday 4th October - REGISTER NOW! 

CONTENTS

1. Annual Review Session of the Week: An unstoppable force meets an immoveable object
2. Case Law Reviews
3. AI and Employment Law
4. The Importance of Training for Neuroinclusion in the Workplace
5. Sex Discrimination
6. Like, share, repeat: Top tips for building workplace social media skills
7. Amazon says workers must be in the office. The UK government disagrees. Who is right?
8. Murphy launches 2025 Northern Ireland Apprenticeship Awards
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

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1. Annual Review Session of the Week ⚓︎

CASE STUDY: An unstoppable force meets an immoveable object – philosophical beliefs in the workplace

Gender-critical beliefs, trans rights, and the Israel-Gaza conflict might spark lively discussions around the water cooler, but what happens when an unstoppable force meets an immovable object in your workplace? Join Seamus McGranaghan of O’Reilly Stewart Solicitors as he leads this case study. Find out more:
https://bit.ly/ktniarel24

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2. Case Law Reviews ⚓︎

McDade v Norman Emerson Group Limited [2024] NIIT 63140/22

Summary Description: £10,000 costs award made against the claimant when there was no reasonable prospect of success and there was a significant risk of reputational damage to the respondent.

Claimant: Andrew McDade

Respondent: Norman Emerson Group Limited

Keywords: Costs

Practical Guidance for Employers:

The cost of defending a Tribunal action is one of those factors that has to be considered in terms of the steps to take both before and during any hearing.  This may also include the idea of settling the case due to the financial implications rather than purely looking at it from a justice perspective.   This case provides some useful guidance on issuing a costs order with the Tribunal asking whether it was reasonable for the respondent to instruct solicitors and senior counsel.  To this end, issues such as potential reputational damage had to be taken into account in deciding that a costs award could be made.

Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/september/mcdade-v-norman-emerson-group-limited-2024/

Moon v Slater & Gordon UK Ltd [2024] EAT 144

Summary Description: Appeal dismissed with the EAT finding that even though wages had not been examined correctly by the Tribunal it would have come to the same decision.

Claimant: R Moon

Respondent: Slater & Gordon UK Ltd

Keywords: Unfair dismissal; Redundancy; Bonus payments

Practical Guidance for Employers:

Whilst this decision tackles various aspects of pertinent employment law – the main learning point can be seen with the decision relating to the bonus payments and unlawful deduction from wages.  The EAT outlined that the focus should be on the statutory instruments first and outlined the definition of wages before going into the contract existing between the claimant and respondent.  In this case, when it came to the contract the right was discretionary and no entitlement to the bonus was seen in law.  However, the process in getting to that decision by the Tribunal was regarded as being an error by the EAT.

Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/september/moon-v-slater--gordon-uk-ltd-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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3. AI and Employment Law ⚓︎

The Two Golden Rules for Safe and Sensible Use of ChatGPT

This week Barry Phillips suggests two golden rules for safe and sensible use of ChatGPT before rolling it out to every staff member.
https://www.legal-island.com/articles/uk/resources/ai-for-hr-weekly-podcast/2024/sept/the-two-golden-rules-for-safe-and-sensible-use-of-chatgpt/

Workers waste 13 hours per week on low or no-value tasks

UK businesses are increasing digital investment, but productivity is lagging, with workers spending 13 hours per week on low-value tasks, according to DocuSign’s Digital Maturity Report 2024. Despite AI and quiet hiring efforts, 72% of firms face skills gaps, hindering efficiency and experimentation with technology solutions. The HR Director has more here:
https://www.thehrdirector.com/business-news/employee-experience/workers-waste-13-hours-per-week-low-no-value-tasks/

One-in-three believe AI will positively transform the workplace

A new global survey has found that 1 in 3 SMEs believe AI has the potential to positively transform the workplace, while 1 in 10 believe it will be highly detrimental. The survey of 79,000 businesses across five countries – Australia, Canada, Ireland, New Zealand, and the UK – was conducted, to look at the opportunities and concerns employers have around the use of AI in the workplace.  This is the second year the survey has been run. Read more here:
https://www.thehrdirector.com/business-news/ai/one-three-believe-ai-will-positively-transform-workplace/

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4. The Importance of Training for Neuroinclusion in the Workplace ⚓︎

In recent years, there has been a growing recognition of the importance of diversity and inclusion in the workplace. However, one critical aspect often overlooked is neurodiversity - a concept that embraces the varied ways that people’s brains work. As organisations increasingly strive to create inclusive environments for all employees, understanding and supporting neurodivergent individuals is becoming essential. To achieve this, comprehensive training on neurodiversity is crucial. Read more here:
https://www.linkedin.com/pulse/importance-training-neuroinclusion-workplace-ryan-mcquitty-ngsde/

And the writer of this blog, Ryan McQuitty, shared his valuable knowledge and insights with Legal Island in the development and completion of our new eLearning course. A huge thank you to Ryan! Find out more about the course here:
https://www.legal-island.com/e-learning/neurodiversity-awareness/

Want to learn more? Join Seamus and Christine at the next Employment Law at 11 webinar on Friday 4th October when they'll be dealing with this very topic - register now for FREE!

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5. Sex Discrimination ⚓︎

More Action Needed to address the Motherhood Penalty driving 80% of the Gender Pay Gap

TheParental Fog Index-Cross Industry Report* – the sixth, annual benchmark – highlights the transparency of parental benefits for the Times Top 100 Graduate Employers, published on their websites. As progress toward workplace gender equity declines, the number of employers that actively promote their family-friendly credentials has grown to a five-year high, according to new research conducted by ECC, a firm which helps employers improve gender balance. Read in full:
https://www.thehrdirector.com/business-news/gender/action-needed-address-motherhood-penalty-driving-80-percent-gender-pay-gap/

More than 150 MPs urge Asda bosses to end sex discrimination

Members of Parliament have written to Asda, urging its bosses to end sex discrimination and provide equal pay to its supermarket staff. In total, 159 politicians signed the letter, which called on TDR Capital, the retailer’s majority owners, to settle a legal dispute which has led to tens of thousands of employees taking their case to an employment tribunal. At least 60,000 most female staff have been battling for several years to get the same wages as warehouse workers, who are predominantly male. Read in full:
https://www.personneltoday.com/hr/more-than-150-mps-urge-asda-bosses-to-end-sex-discrimination/

Al Fayed victims ‘couldn’t go to HR’ with abuse claims

Women who raised complaints of sexual harassment and assault against former Harrods boss Mohammed Al Fayed have said there was “nowhere to go” if they wanted to report abuse. Dozens of women have come forward with allegations against Al Fayed, who died last year aged 94, after a BBC documentary aired last week featuring testimonies of several former employees. More than 20 female ex-employees told the programme that Al Fayed sexually assaulted or raped them, and more have come forward since. More from Personnel Today:
https://www.personneltoday.com/hr/al-fayed-abuse-claims-hr-harrods/

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6. Disability discrimination case settled against QUB ⚓︎

A former nursing student with a cancer diagnosis has settled a disability discrimination case against Queen’s University Belfast for £25,000. The case was supported by the Equality Commission for Northern Ireland. Natasha Bradshaw was diagnosed with cancer in 2019. The following year, she started an adult nursing degree at Queen’s University Belfast. More direct from the Equality Commission:
https://www.equalityni.org/Footer-Links/News/Individuals/Disability-discrimination-case-settled-against-QUB

Are you wondering "How are we still getting it so wrong with Equality?"

The Equality Commission has been rapidly settling cases this year – from neurodiversity and physical disabilities to race discrimination in chip shops, phone retailers, and hospitality. It appears no sector is immune to missteps on equality issues. With equality legislation in place for so long – how are we still getting it so wrong after all this time? Join Mary Kitson of the NI Equality Commission at Legal Island’s Annual Review of Employment Law. Read more:
https://bit.ly/ktniarel24

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7. Amazon says workers must be in the office. The UK government disagrees. Who is right? ⚓︎

They are two competing views on where desk-based employees work best. Amazon is ordering its staff back to the office five days a week, just as the government is pushing for rights to flexible working - including working from home - to be strengthened. The tech giant says employees will be able to better “invent, collaborate, and be connected”. But just as the firm’s announcement became news, the UK government was linking flexibility to better performance and a more productive, loyal workforce. Read more on the debate here:
https://www.bbc.co.uk/news/articles/cden9y37e6ro

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8. Murphy launches 2025 Northern Ireland Apprenticeship Awards ⚓︎

Economy Minister Conor Murphy has launched the 2025 Northern Ireland Apprenticeship Awards. The Northern Ireland Apprenticeship Awards recognise apprentices, their mentors, employers and training organisations who have demonstrated exceptional progress as well as personal achievement and commitment, and will culminate in a special awards ceremony on Wednesday 26 March 2025. Read more on how to apply here:
https://www.economy-ni.gov.uk/news/murphy-launches-2025-northern-ireland-apprenticeship-awards

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9. Just in Case You Missed It... ⚓︎

ChatGPT’s Latest Iteration (01 model) & Its Significance for HR

Barry Phillips calls in the help of a goat to explain why this latest version of ChatGPT is so important. Listen now:
https://www.legal-island.com/articles/uk/resources/ai-for-hr-weekly-podcast/2024/sept/chatgpts-latest-iteration-01-model--its-significance-for-hr/

Comparative Law Webinar with Lewis Silkin LLP

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.

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

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

Catch up here:
https://www.legal-island.com/articles/uk/resources/webinars/2024/sept/comparative-law-webinar-with-lewis-silkin-llp/

Comparative Employment Law Table: Northern Ireland, Ireland and Great Britain

The Lewis Silkin and Legal Island Comparative Employment Law Table outlines the key differences between GB, NI and ROI employment laws as of 17th September 2024.

The purpose of this re-vamped table is to provide a handy reference guide to the key similarities and differences across the 3 jurisdictions, together with a ‘look forward’ section to potential or expected developments. Links to relevant legislation, articles and other documents are included in the hope that this will assist you to understand and deal with the differences in employment law developments in GB, NI and ROI. Find it here:
https://www.legal-island.com/articles/uk/features/comparative-employment-law/2022/comparative-employment-law-northern-ireland-ireland-and-great-britain/

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10. HR Developments ⚓︎

Like, share, repeat: Top tips for building workplace social media skills

Social media isn’t all just cat videos and dance trends, in the right hands it can be used as a tool to propel individuals and businesses forward, allowing companies to improve engagement. More:
https://www.siliconrepublic.com/advice/like-share-repeat-top-tips-building-workplace-social-media-skills-advice

Are managers equipped to handle workplace conflict?

The role of a manager can be challenging enough without having to deal with tension in their team. Rachel Suff looks at recent CIPD research on managers’ confidence in handling conflict, and how organisations can support them. With day-to-day responsibility for people management devolved to line managers, they play a pivotal role in preventing and tackling unhealthy conflict in their teams. More from Personnel Today:
https://www.personneltoday.com/hr/conflict-management-cipd-tips/

Managing conflict with workplace mediation

From cost effectiveness to future-focused problem-solving, workplace mediation can help companies and individuals navigate difficult times. Silicon Republic covers more about it here:
https://www.siliconrepublic.com/careers/managing-conflict-workplace-mediation-resolution

Dealing with conflict in your organisation? Have a look out our Annual Review session - Conflict is not just inevitable; it’s necessary. Seán Grant of Core Impact explores conflict models and shows how to use them to transform potential disruptions, like grievances, personality clashes, and disciplinary issues, into opportunities for growth and success. Read more:
https://bit.ly/ktniarel24

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11. Employment News in the Media ⚓︎

A female firefighter who suffered sexual harassment and won a claim against Avon Fire and Rescue Service for sex discrimination and unfair dismissal is in line for an award of more than £55,000 according to a provisional remedy judgment. The employment tribunal ruled in December 2023 that Sacha Acheson had been subject to direct sex discrimination, harassment on the grounds of sex, harassment on the grounds of sexual orientation, victimisation and unfair dismissal. The tribunal service published details of the reasons for the judgment in March 2024. More:
https://www.personneltoday.com/hr/firefighter-wins-harassment-and-discrimination-case/

Labour leader says there should be more support to help people back into jobs, vowing to do ‘everything we can to tackle worklessness’. More:
https://www.theguardian.com/politics/2024/sep/25/long-term-sick-need-to-get-back-to-work-where-they-can-says-starmer

A part-time administrator was unfairly dismissed after she mistakenly sent an email to a customer describing him as a “tw@t”, a tribunal ruled. Meliesha Jones was dismissed by Vale Curtains and Blinds in 2023 when she replied to a complaint email from a customer rather than forwarding it to her colleague. Thereafter the customer’s wife threatened to go to the press and share the incident on social media. This led to a disciplinary hearing and Jones was dismissed for gross misconduct. More:
https://www.hrmagazine.co.uk/content/news/worker-who-accidentally-called-customer-a-twat-wins-tribunal

A mediation process involving the Police Service of Northern Ireland (PSNI) is to take place to attempt to agree the amount of damages to be paid to up to 7,000 staff impacted by a major data leak. The final bill could be as much as £240m, according to previous reports. The staff are suing the police after their names were among those accidentally disclosed in a Freedom of Information (FoI) request in 2023. The PSNI has already apologised and accepted liability. Read in full:
https://www.bbc.co.uk/news/articles/cvgw7vqvdjwo

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12. 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.

EHRC issues updated guidance on sexual harassment at work

The Equality and Human Rights Commission (EHRC) in England & Wales has published updated guidance on how employers should deal with sexual harassment in the workplace. The guidance covers sexual harassment, harassment and victimisation, and anticipates changes to employers’ obligations under the Worker Protection Act, which comes into force in GB next month. Read more:
https://www.personneltoday.com/hr/worker-protection-act-ehrc-guidance/

Access the Guide:
https://equalityhumanrights.com/sexual-harassment-and-harassment-work-technical-guidance

Reaction to Kier Starmer’s Conference speech

TUC leader - PM showed he's ready to deliver change working people desperately need
https://www.tuc.org.uk/news/tuc-leader-pm-showed-hes-ready-deliver-change-working-people-desperately-need

CBI responds to Prime Minister’s speech at Labour Party Conference 2024
https://www.cbi.org.uk/media-centre/articles/cbi-responds-to-prime-minister-s-speech-at-labour-party-conference-2024/

Business secretary backs flexible working

Business secretary Jonathan Reynolds has spoken up for technology-enabled flexible working and described the last government’s repeated drives to force workers back into offices as “pretty bizarre”. Reynolds said he believed that giving workers the opportunity to work remotely could boost productivity, contribute to economic growth and help employers retain talent they might otherwise lose. Read about it here:
https://www.publictechnology.net/2024/09/20/education-and-skills/business-secretary-backs-flexible-working/

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13. Friends of Legal Island ⚓︎

Lewis Silkin managing partners head to Belfast in half-marathon challenge

Lewis Silkin’s joint managing partners Jo Farmer and Richard Miskella joined colleagues in running the Belfast City Half Marathon on Sunday in support of The Sutton Trust. The two English lawyers are taking part in half marathons in all the cities where Lewis Silkin has an office over the course of 2024. Read in full:
https://www.irishlegal.com/articles/lewis-silkin-managing-partners-head-to-belfast-in-half-marathon-challenge

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14. Free Webinars This Month ⚓︎

Employment Law at 11 - With O'Reilly Stewart Solicitors

Neurodiversity and the Law – What you need to know

Friday 4th October - 11am to 11.45am

Is your organisation fully compliant with legal requirements around neurodiversity?

Championing a neuro-inclusive workplace is an increasingly important part of a diverse workforce here in NI. With the NI Civil Service leading the charge with the release of their “Neurodiversity: NICS Line Manager’s Toolkit”, neurodiversity is never far from the HR headlines.

Join Employment Law at 11 regulars Christine Quinn of Legal Island and Seamus McGranaghan of O’Reilly Stewart as they unpack the legal obligations and best practices for supporting neurodivergent employees.

Seamus will explore:

• What are the legal rights of neurodivergent employees under NI employment law?
• How can employers meet their duty to provide reasonable adjustments?
• What are the legal risks of failing to accommodate neurodiversity in the workplace?

REGISTER FOR FREE:
https://attendee.gotowebinar.com/register/3355739615859526229?source=WR

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.

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

Enjoy the weekend.

Legal-Island

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