⏳ Short on time? No worries! Here are the top 5 must-reads this week:

1. 🔹 Stormont Hears Strong Backing for ‘Good Jobs’ Bill
2. ⚡ Employers vs. Employees: The Clash Over High Performance
3. 🚨 Office Mandate Fails—80% of Civil Servants Say So!
4. 🤔 HR Dilemma: When Do Jokes Go Too Far?
5. 🌟 9 Power Moves to Shine in a New Role

In other news…Are you struggling with issues such as remote & flexible working requests? Absence management? If so, come to our event in partnership with Eversheds Sutherland: Legal Answers to HR Dilemmas: Mastering Modern Workplace Challenges on 20th March where you will get the legal solutions to your HR problems! Read the full programme 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. Stormont hears detailed support of ‘Good Jobs’ Employment bill
4. Hybrid Working
5. Average advertised annual salary surges to almost £41,000
6. Bullying & Harassment
7. Employers and employees are clashing over what high performance looks like 
8. New unit launched as Procurement Act goes live
9. UK ETAs: who needs one and when?
10. Just in Case You Missed It...
11. HR Developments
12. Employment News in the Media
13. GB Developments
14. Free Webinars This Month

Marston (Holdings) Ltd v Perkins [2025] EAT 20

Summary Description: EAT upholds appeal regarding finding of indirect sex discrimination citing that the Tribunal had looked at the case too focused on the claimant’s situation rather than how a group would be affected by the PCP.

Claimant/Respondent on Appeal: A Perkins

Respondent/Appellant on Appeal: Marston (Holdings) Ltd

Keywords: Redundancy; Unfair Dismissal; Sex Discrimination

Practical Guidance for Employers:

This case demonstrates a key aspect relating to travel and the effect it could have on childcare responsibilities.  Whilst the Tribunal initially allowed the claim it was found by the EAT that there was too great a focus on the claimant’s individual situation rather than looking at the group when it came to indirect sex discrimination.  Additionally, for the dismissal the Tribunal had not invited submissions on the reason for the dismissal considering that the respondent was under the impression that the redundancy had been agreed.   It is likely that this case will be remitted and if so will be interesting to see the outcome especially on the basis of the indirect sex discrimination.

Read the Review in full:
https://legal-island.com/employment-law-hub/marston-holdings-ltd-v-perkins-2025

Chassy v Left Shift IT Ltd & Others [2025] EWHC 225

Summary Description: High Court action was successful for breach of contract when employees were not paid by their employer due to financial difficulties.  The action, however, was only successful against the company and not personally against the directors.

Claimant: Chassy

Respondent: Left Shift IT Ltd & Others

Keywords: Breach of Contract; Unpaid Wages

Practical Guidance for Employers:

Whilst the vast majority of these reviews focus on Tribunal actions, this demonstrates the fact that the common law rights relating to breach of contract exist and can be taken in the court system as evidenced with the High Court action here for failure to pay an employee’s salary.   It is also of note that the continued working of an employee when they have not been being paid either in full or at all did not constitute a waiver which meant that the claim could still be brought.

Read the Review in full:
https://legal-island.com/employment-law-hub/chassy-v-left-shift-it-ltd-others-2025

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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The Dark Side of GenAI Use in the Workplace

This week Barry Phillips considers whether banning ChatGPT outright is really an option for any employer. Listen here: 
https://legal-island.com/employment-law-hub/the-dark-side-of-genai-use-in-the-workplace  

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MLAs from the Economy Committee heard evidence from trade union leaders and experts on the anticipated Good Jobs Employment Bill. The full ICTU statement is here:
https://www.ictuni.org/news/stormont-hears-detailed-support-good-jobs-employment-bill

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Office mandate has failed, four in five civil servants tell union survey

Around four in five civil servants believe the 60% in-office mandate has been a failure, according to a survey by the FDA union. The union has published a new report – The future of office work in the civil service – which is informed by its recent survey filled in by more than 7,000 members. The survey found that civil servants do not oppose working in an office when it is purposeful but just 11% said the mandate had increased their productivity and 61% said it had made it worse. Civil Service World has more:
https://www.civilserviceworld.com/professions/article/office-mandate-has-failed-four-in-five-civil-servants-tell-union-survey

CIPD: Assessing roles for hybrid working flowchart

This handy flowchart has been provided by the CIPD to work through assessing roles for hybrid and other flexible working opportunities:
https://www.cipd.org/en/knowledge/tools/assessing-roles-hybrid-working-flowchart/

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Jobs site Adzuna said higher average wages were fuelled by “significant” increases in sectors such as manufacturing and maintenance. Other sectors with big annual increases were said to including logistics, customer services and domestic help and cleaning. But job vacancies have fallen in recent months, totalling just under 830,000 in January, the lowest figure for the month since 2021, the report found. More from City AM:
https://www.cityam.com/average-advertised-annual-salary-surges-to-almost-41000/

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Workplace ‘banter’ remains a legal minefield for employers, study shows – how can HR prevent jokes from crossing the line?

Workplace ‘banter’ is still creating significant legal challenges for businesses, with 57 employment tribunal cases heard last year – more than one per week, research carried out by law firm GQ Littler has found. The findings highlight that many of these tribunal cases arose when workplace ‘banter’ crossed into unlawful discrimination, with ‘jokes’ that are racist, sexist, or homophobic in nature. GQ Littler has warned such claims are especially “damaging to businesses, not just from a reputational point of view, but also because compensation for discrimination and harassment cases are uncapped”. People Management has more here:
https://www.peoplemanagement.co.uk/article/1907317/workplace-banter-remains-legal-minefield-employers-study-shows-%E2%80%93-hr-prevent-jokes-crossing-line

Nurse Wins £41K After Colleague’s Bullying Leads to Stress and Resignation

Susan Hamilton, a diabetes specialist nurse, claimed she was subjected to years of mistreatment by a colleague, dietitian Abdool Nayeck, which culminated in an escalating series of incidents, including being excluded from the daily tea round and enduring dismissive behaviour at work. The dispute between the two healthcare professionals began in 2018 after Hamilton questioned Nayeck’s competency in handling a patient case. From then on, Nayeck allegedly started making hot drinks for everyone except Hamilton, and he reportedly ignored her when she greeted him and faced the other way during meetings. More from Lawyer Monthly:
https://www.lawyer-monthly.com/2025/02/nhs-nurse-wins-41k-after-colleagues-bullying-leads-to-stress-and-resignation/

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Research highlights how UK leaders and employees are at odds with what high performance is and how to achieve it. 91% of employees thought their team was high performing, compared to just 51% of the leaders who run those functions. Meanwhile, both groups were also at odds as to what creates high performance, with three-quarters (76%) of employees feeling that their organisation has a clear understanding of what creates high performance compared to just 47% of business leaders. You can read more from HR Director here:
https://www.thehrdirector.com/business-news/productivity/employers-employees-clashing-high-performance-looks-like-achieved/

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The Cabinet Office has launched a special unit to oversee the new procurement regime, which has come into force. The Procurement Act 2023, introduced to reform how public procurement is carried out in England, Wales and Northern Ireland, was given royal assent on 26 October 2023. It aims to make the UK’s public procurement regime quicker, simpler, more transparent and better able to meet the UK’s needs while remaining compliant with international obligations. Civil Service World has more on this:
https://www.civilserviceworld.com/news/article/new-unit-launched-as-procurement-act-goes-live

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If you are a business inviting visitors to the UK or an individual visiting (or transiting landside through) the UK, you may be affected by the UK’s expanded electronic travel authorisation (ETA) scheme for non-visa nationals. Ius Laboris has guidance on who needs one and when:
https://iuslaboris.com/insights/uk-etas-who-needs-one-and-when/

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9 Ways to Make a Great Impression in a New Role

Sinead Sharkey-Steenson, Founder of Generation Women, Career and Leadership Coach offers her top tips here: 
https://legal-island.com/employment-law-hub/9-ways-to-make-a-great-impression-in-a-new-role 

Interview with Rob Rees, Group Head of People & Culture at Hastings Hotels, Vice Chair at CIPD NI

Catch up with the latest in our HR Interview series: 
https://legal-island.com/employment-law-hub/interview-with-rob-rees-group-head-of-people-culture-at-hastings-hotels-vice-chair-at-cipd-ni

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HR leaders cite change fatigue as one of top five barriers to success

Change fatigue has been identified as one of the top five barriers to success by communications and HR leaders, according to research by consultancy Gallagher. Its 2025 Employee communications report found 44% of respondents view change fatigue as a barrier to success this year, while 49% cited low capacity. Two-fifths (41%) identified poor people manager communication and 39% cited a lack of direction from top leaders. More from Employee Benefits:
https://employeebenefits.co.uk/total-reward/hr-leaders-cite-change-fatigue-as-one-of-top-five-barriers-to-success/280414.article

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Men’s perceptions of workplace equality are out of touch with reality according to new research. Office for National Statistics figures show that full-time working women earn 7% less than men on average, yet three-quarters (76%) of working men still believe their company pays people equally, and 69% of men believe women are promoted equally based on performance. These were the key findings of the research by HR data and analytics firm HiBob in its fourth annual Women in the Workplace report. Reda more:
https://www.personneltoday.com/hr/equality-at-work-men-are-out-of-touch/

London estate agent Foxtons has urged staff to speak up amid allegations that junior employees were subject to sexual harassment and inappropriate behaviour. According to an investigation by business news site Bloomberg, employees have reported being groped, being sent suggestive messages by directors, racist comments and drunk driving. Eight women said they had complained to their manager or to HR, but were told that the behaviour was unexceptional. All of the women said they had held back reporting some behaviour as they felt allegations would not be taken seriously. Personnel Today has more on this:
https://www.personneltoday.com/hr/foxtons-harassment/

A partner forced to retire at the age of 63 from Leeds firm Walker Morris was discriminated against, an employment tribunal has ruled. Martin Scott claimed to have been forced out of the firm in 2023 when his application to extend his stay for another two years was rejected. Top-100 firm Walker Morris told the Leeds tribunal that its policy of making partners aged over 60 reapply to stay on was aimed at ‘intergenerational fairness’ and the need to free up equity to give progression opportunities to younger partners. It further submitted that the extension application being turned down was entirely unrelated to age but was because Scott could not show he would make an ‘exceptional contribution’ in a further two years. More from the Law Gazette:
https://www.lawgazette.co.uk/news/solicitor-forced-out-at-63-wins-age-discrimination-case/5122451.article

Starbucks plans to lay off 1,100 corporate employees and close several hundred open or vacant job positions, the company announced on Monday. The layoffs are the largest in the company’s history. “Our intent is to operate more efficiently, increase accountability, reduce complexity and drive better integration,” CEO Brian Niccol wrote in a letter to staff. More from the Guardian:
https://www.theguardian.com/business/2025/feb/24/starbucks-corporate-employee-lay-offs

A stand-off between the White House and key federal agencies is unfolding after a directive from cost-cutting chief Elon Musk, demanding federal employees document their achievements from the previous week or face losing their jobs. The mandate, seemingly backed by President Trump, has sparked chaos and confusion within the federal workforce, barely a month into his second term. Agencies including the FBI, State Department, and the Pentagon have instructed their staff to ignore the request, directly contradicting the White House's apparent support for Musk's initiative. More from the Independent: 
https://www.independent.co.uk/news/world/americas/us-politics/elon-musk-achievements-jobs-trump-b2703366.html

An Aberdeen funeral director has been awarded over £60,000 in compensation after an employment tribunal ruled that she was unfairly dismissed for being unable to fulfil on-call duties following cancer treatment. Ms JC, a former employee of Dignity Funerals, was found to have been discriminated against after her return-to-work post-chemotherapy and radiotherapy. The Tribunal determined that the company failed to provide her with adequate opportunity to resume her full responsibilities. Ms JC described her role as her “dream job.” More from HR Director:
https://www.thehrdirector.com/legal-updates/legal-updates-2024/aberdeen-funeral-director-wins-60000-compensation-unfair-dismissal/

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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.

Menopause-related tribunal claims in GB treble in two years

Data from HM Courts & Tribunal Service showed 64 cases cited the menopause in 2022, compared to 204 last year. Law firm Nockolds found that the claims concerned included disability, sex and age discrimination, as well as constructive and unfair dismissal. It believes the spike in cases is due to employers grappling with the widening definition of disability and warned that plans outlined in the Employment Rights Bill could result in many more menopause-related claims. More from Personnel Today:
https://www.personneltoday.com/hr/menopause-related-tribunal-claims-treble-in-two-years/

NHS Fife trans row tribunal: Was settlement ever on table?

NHS Fife’s decision to fight nurse Sandie Peggie at an employment tribunal over her suspension has left health chiefs facing tough questions. NHS Fife could have attempted to settle the case, which has made global headlines and seen several of its staff members cross-examined about their roles in the saga. Instead, the health board opted to defend its position at an employment tribunal after failing to have it heard in private. And the public proceedings, described as “gruelling” by Ms Peggie, have turned the spotlight on the local authority’s handling of the Victoria Hospital row. More from the Courier:
https://www.thecourier.co.uk/fp/politics/5189676/nhs-fife-trans-tribunal-settlement/

'No wonder' verdict as NHS in Wales faces recruitment crisis

Last year, the NHS in Wales spent a staggering £262m on agency staff due to over 5,600 job vacancies and an ongoing recruitment crisis. Audit Wales, who released these figures, cautioned that efforts to address these issues are being "hampered by the absence of a national workforce plan, gaps in data and uncertainty over the future shape of healthcare services". More from Wales Online:
https://www.walesonline.co.uk/news/news-opinion/no-wonder-verdict-nhs-wales-31043133

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RESCHEDULED: Employment Law at 11: preparing for change in 2025

Join us for the (re-scheduled) first Employment Law at 11 webinar of 2025 and get ready for change!

Big changes are on the horizon for employment legislation in Northern Ireland, and HR professionals need to be ready. Join us for a focused 45-minute webinar where Christine Quinn of Legal Island will chair the discussion, with legal expertise from Seamus McGranaghan of O’Reilly Stewart Solicitors, to help you prepare for what’s coming in 2025 and beyond.

We’ll cover:

•    'Good Jobs' Bill
•    Draft Programme for Government
•    Domestic Abuse (Safe Leave)

Understand how these developments could impact your organisation and what steps you can take to stay ahead.

Bring your questions and Christine will put them to Seamus live!

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 your questions in advance to gosia@legal-island.com. Anonymity assured.

REGISTER HERE

All of our Legal Island webinar recordings and searchable transcriptions are posted online within this section of our employment law hub and are available to stream and research:
Legal Island | Webinars and Podcasts

Enjoy the weekend.

Legal-Island

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