This could be the big week for employment news, but we wouldn’t bet on it; might get us arrested…..
This week's top 5:
- Supporting LGBTQ+ employees all year
- Calls for employers to be menstruation-friendly workplaces
- NHS cyberattackers claim to leak patient data online
- Difficult conversations online vs in-person
- 53% of companies lack essential AI skills
And in other news............... in a special edition of Employment Law @11 Seamus is joined by Lindsay Harris from ONUS and Legal Island's Julie Holmes chairs, in a discussion around HR’s Role in addressing domestic abuse - REGISTER NOW!
- Case Law Reviews
- AI and Employment Law
- Industrial Action
- NHS cyberattackers claim to leak patient data online
- Gen Z is a mighty force for change
- Calls for employers to be menstruation-friendly workplaces
- Just in Case You Missed It...
- HR Developments
- Employment News in the Media
- GB Developments
- Health and Safety Developments
- Free Webinars This Month
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1. Case Law Reviews
Gale v Bankhead Services Limited [2024] NIIT 29693/23
Summary Description: No constructive dismissal case relating to allegations that the claimant was having to work extra days during a busy period or that he had been denied bonuses.
Claimant: Connor Gale
Respondent: Bankhead Services Limited
Keywords: Constructive Unfair Dismissal
Practical Guidance for Employers:
Keeping up-to-date records about the application of policies was crucial in this case as the respondent was able to put forward its contrary evidence to push-back against the allegations made by the claimant. This meant that they were able to demonstrate that the implied term of trust and confidence had not been breached and there was no constructive dismissal claim that could flow from the facts.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/june/gale-v-bankhead-services-limited-2024/
Ballerino v The Racecourse Association Ltd [2024] EAT 98
Summary Description: A decision dismissing the claimant’s claim for unfair dismissal when on maternity was regarded as unsafe as the Tribunal did not determine if there was a genuine redundancy situation.
Claimant: Helen Ballerino
Respondent: The Racecourse Association Ltd
Keywords: Unfair Dismissal; Maternity; Discrimination
Practical Guidance for Employers:
A question regularly raised when doing discussions or events on redundancy is whether a member of staff on maternity can be dismissed by reason of redundancy. The answer to that is yes, but that there must be a genuine redundancy situation and the basis upon which individuals are selected for redundancy is fair. It goes without saying that the reason for selection cannot be the pregnancy or the maternity leave. In this case, the need to demonstrate a genuine redundancy scenario is one that the Tribunal then has to determine and as it was not done it led to the decision being unsafe.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/june/ballerino-v-the-racecourse-association-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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2. AI and Employment Law
AI and the Rise of the Handheld Machines
Barry Phillips asks whether recent AI apps are really here to assist employees or to replace them.
ICO statement on its public sector approach trial
The ICO revised their approach to working with public sector organisations and started a two-year trial. While they continued to issue fines to public bodies where appropriate, they also used other regulatory tools to ensure people’s information is handled appropriately and money isn't diverted away from where it's needed the most. The ICO will now review the two-year trial before making a decision on the public sector approach in the autumn. The full statement is here:
https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2024/06/ico-statement-on-its-public-sector-approach-trial/
53% of companies lack essential AI skills
The Cloud Skills Report highlights the need to bridge the Human-Machine divide. The biggest pain point for companies in their digital transformation efforts is ensuring employee skills growth matches the rapid rate of innovation. Over half (53%) report currently having inadequate skills to leverage AI and 50% of organisations are struggling to find AI skilled employees reports HR Director:
https://www.thehrdirector.com/business-news/ai/53-companies-lack-essential-ai-skills/
The full report is here:
https://www.softwareone.com/en-gb/now/cloud-skills-report
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3. Industrial Action
Unions recommend school staff to back pay offer
Trade unions Nipsa and Unison say they will encourage their members to accept a new pay deal. An offer will be made to Northern Ireland school support workers, including bus drivers, classroom assistants and canteen staff, who have gone on strike in recent months. The staff members have been in a long-running dispute over pay and job grading. More from the BBC:
https://www.bbc.co.uk/news/articles/cv222w24v2wo
Aer Lingus pilots begin industrial action over pay
Aer Lingus pilots have begun industrial action in an ongoing dispute with the airline over pay. Members of the Irish Air Line Pilot's Association (IALPA) began an indefinite work-to-rule at midnight on Wednesday. An eight-hour strike is planned for Saturday. Separate meetings on Tuesday at the Labour Court in Dublin involving the IALPA and Aer Lingus failed to reach a resolution. More from the BBC:
https://www.bbc.co.uk/news/articles/c166jw95pw8o
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4. NHS cyberattackers claim to leak patient data online
The criminals claim to have shared 400GB of patient data and the NHS said it is working to confirm the validity of these files ‘as quickly as possible’. The ransomware attack on the UK’s National Health Service (NHS) continues to disrupt health services in London, while a massive amount of patient data may have leaked as a result reports Silicon Republic:
https://www.siliconrepublic.com/enterprise/nhs-cyberattack-stolen-data-leaked-online-synnovis
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5. Gen Z is a mighty force for change
Judge Judy, Whoopi Goldberg and Jodie Foster were among the latest to give Gen Z a ticking off – accusing indulgent parents of setting them up to fail. Curmudgeonly employers would not pander to their requests for better hours, they said, or align themselves with their pet social causes, as young people seemed to think. But as generation Z starts to make up a chunkier portion of workers, another story is emerging. The “unreasonable” demands of this generation are in fact beginning to be met. Instead of giving young people a rude awakening, the corporate world is falling over backwards to accommodate them – you cannot, after all, fire a whole generation. More from the Guardian:
https://www.theguardian.com/commentisfree/article/2024/jun/23/woke-capitalism-gen-z
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6. Calls for employers to be menstruation-friendly workplaces
The overwhelming majority of respondents, when asked what one change they’d make, said to prioritise training in the workplace. Employees are calling for training for all staff, especially line managers. The Breaking the Cycle survey reveals that 44% of employees have never talked about menstruation with their line manager and only 17% feel ‘very comfortable’ doing so. More from HR Director:
https://www.thehrdirector.com/business-news/diversity-and-equality-inclusion/calls-employers-menstruation-friendly-workplaces/
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7. Just in Case You Missed It...
Employment Law at 11 Special – Horizon Scanning with special guest Mark McAllister - 21st June 2024
The NI Assembly is back, and rumours abound about what’s in store in employment law in the coming 18 months – and forewarned is forearmed! Mark cuts through the rumours and gives insights on what to expect from Stormont. As always, Seamus offers his expert legal opinion on what steps you can take now to make sure your organisation is ready, come what may. Listen now:
https://www.legal-island.com/articles/uk/resources/webinar-recordings/2024/june/employment-law-at-11-with-special-guestincoming-chief-executive-of-the-lra--mark-mcallister---21st-june-2024/
Implementing AI tools: How do I Handle it?
“Our senior management team is planning to implement AI tools across our business to monitor employee site access and attendance. One of their initial suggestions is using facial recognition software to control access our sites, monitor attendance and timekeeping. I have been asked to report on the HR implications. How do I handle it?” Jack Balmer of Tughans has the answers:
https://www.legal-island.com/articles/uk/features/how-do-i-handle-it/2024/june/implementing-ai-tools-how-do-i-handle-it/
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8. HR Developments
Supporting LGBTQ+ employees all year
While many organisations concentrate on supporting their LGBTQ+ colleagues during Pride month, Seetan Varsani, divisional director, Corps Security discusses how companies can offer that support throughout the year in this article from HR World:
https://www.thehrworld.co.uk/equality-diversity-inclusion/supporting-lgbtq-employees-all-year/
Would your business support Gen Z side hustles?
Discover how flexible work schedules, resource access and a supportive culture can help businesses tap into the Gen Z entrepreneurial spirit while providing the stability they seek. More:
https://www.thehrdirector.com/business-news/employee-experience/business-support-gen-z-employees-side-hustles/
Navigating redundancy: balancing legal process and mental impact
Redundancy should be a neutral act, but can come as a shock to employees. So, is applying a prescribed legal process in a redundancy situation more damaging to the psychology of a business than the possible legal challenges that may subsequently follow? Do employers truly understand the effects of redundancies, and what can be done to minimise the severe impact they can have? This article explains why considering the psychological contract is crucial when making job cuts:
https://www.peoplemanagement.co.uk/article/1878390/navigating-redundancy-balancing-legal-process-mental-impact
Difficult conversations online vs in-person
Communication plays an integral role in creating a happy, safe, and productive workforce. In fact, 86% of employees and executives say the lack of effective collaboration and communication are the main causes of workplace failures. With more workplaces now having to communicate effectively across different mediums – both online and in person – the importance of being able to navigate difficult conversations is not only growing but becoming increasingly more complex. In this article for HRD Connect, Emma Serlin, CEO and Founder of London Speech Workshop, looks at the differences between online and in-person communication and how we can still maintain effective collaboration online:
https://www.hrdconnect.com/2024/06/21/navigating-difficult-conversations-online-vs-in-person/
EAP confusion is hurting businesses financially
The low take-up of Employee Assistance Programmes (EAP) is costing businesses. AN HCML survey found that while 79% of employers provide an EAP, only 27% of employees realise an EAP exists in their workplace and just 3-5% use them. This indicates that many EAPs are a wasted resource, costing organisations money and not delivering what is needed in terms of employee help and lowering absence days, reports HR Director:
https://www.thehrdirector.com/business-news/employee-engagement/eap-confusion-hurting-businesses-financially/
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9. Employment News in the Media
A company that provides labour to farms did not have to pay workers the national minimum wage while they were travelling to work, the Employment Appeal Tribunal has ruled. Taylors Poultry Services, which employs workers on zero-hours contracts to work on poultry farms, provides minibuses to take staff to and from their home addresses to farms around the country. More:
https://www.personneltoday.com/hr/travel-time-minimum-wage-employment-appeal-tribunal-taylors-poultry-services/
A Sainsbury’s manager who was off sick for 16 weeks felt “humiliated” when he was excluded from a social media post celebrating International Men's Day. Darren Cooper, who was off for a prolonged period due to anxiety, has now won a disability harassment claim at an employment tribunal. During his leave, the supermarket’s regional director posted online to thank and “celebrate” male managers who “show up for work each day, put on a name badge on, and provide leadership for thousands of colleagues”. Cooper, who has worked at the supermarket since he was in school, said that his exclusion from the post made him feel “violated”. GB News has more here:
https://www.gbnews.com/news/sainsburys-manager-humiliated-excluded-message-international-mens-day
A chef from Northern Ireland has spoken of his frustration after waiting for over eight months to receive unpaid holiday pay that was awarded to him following an industrial tribunal. In 2023, Chris Dalzell took an industrial tribunal case against LG Beatty Restaurants Limited over unpaid holiday pay and with the company being ordered to pay £1,610.70 after it found that Chris' claim was well-founded. The father of two has been trying to get the money that is owed to him, but eight months after the judgement was made he is yet to receive a penny:
https://www.belfastlive.co.uk/news/northern-ireland/northern-irish-chef-calls-changes-29421250
The NHS Dumfries and Galloway health board has told everyone in the region – comprising 150,000 residents – to assume some of their data is likely to have been leaked following a major cyberattack in February. X-rays, test results and letters between healthcare professionals are among the information that has been published. Public Technology has more on this:
https://www.publictechnology.net/2024/06/21/health-and-social-care/all-150000-residents-of-dumfries-and-galloway-warned-to-assume-data-loss-in-nhs-cyberattack/
A conveyancing solicitor who had an offer of a promotion rescinded and was made redundant four weeks after telling her boss she was pregnant has won more than £26,000 in compensation. Mrs Dobson had been working at Michael Cook Law for around five months when she was offered a promotion to director. After some negotiation around pay and responsibilities, Dobson accepted the position and revealed that she was nine weeks pregnant. Dobson claimed that when she told director Michael Cook the news, he said that he would “just have to leave it”. More from Personnel Today:
https://www.personneltoday.com/hr/solicitor-pregnancy-redundancy-tribunal-dobson/
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10. 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.
The role of whistleblowing in modern workplaces
Whistleblowing is a vital tool for identifying and addressing unethical or illegal activities within organizations. With the Protection for Whistleblowing Bill progressing through parliament, businesses must adopt transparent policies and make ethical conduct a priority. This legislative push highlights the legal and moral responsibilities companies have in ensuring a safe and supportive environment for whistleblowing. Organisations can better protect and support those who speak up by understanding its significance. You can read more from HRD Connect here:
https://www.hrdconnect.com/2024/06/25/the-role-of-whistleblowing-in-modern-workplaces/
1 in 4 employees currently have to wait three days before receiving statutory sick pay
More than 7 million working people would benefit from making Statutory Sick Pay (SSP) available from day one of sickness, according to new analysis published by the TUC and the Centre for Progressive Change. The analysis shows that if the law was changed 7.4 million employees would be able to claim SSP from their first day of illness instead of having to wait until the fourth day of illness before getting any support. The TUC and Centre for Progressive Change warned that without reform workers across the country will continue to face “a financial cliff edge” if they become sick at work:
https://www.tuc.org.uk/news/more-7-million-workers-would-benefit-day-one-sick-pay-boost-tuc-analysis-finds
A quarter fail to respond to FCA harassment survey
A quarter of firms have missed the deadline to respond to a survey on sexual harassment and bullying commissioned by the Financial Services Authority, according to a Freedom of Information request submitted by Bloomberg. The regulator launched the inquiry earlier this year after numerous employers in the sector had dealt with complaints about sexual harassment and inappropriate conduct. According to the FOI request submitted by financial website Bloomberg, the FCA sent out requests to just over 1,000 companies, with 261 failing to respond in time, and 36 requesting extensions. More from Personnel Today:
https://www.personneltoday.com/hr/fca-harassment-survey/
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11. Health and Safety Developments
How hot does it have to be before you can legally go home from work?
The Health and Safety Executive branch of the Government's website suggests that temperatures should be "at least" 16C or 13C if physical work is being carried out. With that being the minimum, there is no official law stipulating the maximum temperature. This means it would be completely down to individual employers to set a threshold. More from the Mirror:
https://www.mirror.co.uk/news/uk-news/how-hot-before-you-can-33104728
Workplace temperatures must be capped at 30°C, TUC says
As Britain wilted in the heat today, the TUC said that working temperatures must be capped by the next government. It is calling for a change in the law so that employers must attempt to reduce temperatures if they get above 24°C and workers feel uncomfortable. The union body would also like ministers to introduce a new absolute maximum indoor temperature, set at 30°C — or 27°C for those doing strenuous jobs such as warehouse packing — to indicate when work must stop. The Morning Star has more on this:
https://morningstaronline.co.uk/article/workplace-temperatures-must-be-capped-30c-tuc-says
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12. Free Webinars This Month
Employment Law at 11 - With O'Reilly Stewart Solicitors
HR’s Role in addressing domestic abuse
5 July (11am to 11:45am)
As HR professionals, safeguarding the well-being of our employees is a paramount responsibility. Unfortunately, domestic abuse is an issue that affects many, and its repercussions often extend into the workplace, impacting productivity, morale, and overall health. The PSNI recorded over 33000 domestic abuse incidents last year, an increase on the previous 12 months. It is essential HR makes a positive impact by fostering a supportive workplace culture.
In this special edition of Employment Law @11, Seamus McGranaghan from O’Reilly Stewart and Lindsay Harris from ONUS join Julie Holmes from Legal Island to discuss this topic. Lindsay will set out the practicalities and Seamus will provide his legal insights to help you:
Identify the subtle indicators that a colleague may be experiencing domestic abuse.
Gain practical strategies to support employees dealing with domestic abuse, ensuring their safety and well-being at work.
Understand how to create a compassionate workplace environment that prioritises the mental and physical health of all employees, while staying within the law.
Our expert speakers will provide guidance to help you handle these sensitive situations with empathy and effectiveness.
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.
Please note that the employment law matters discussed in this webinar apply primarily to Northern Ireland.
Register Now:
https://attendee.gotowebinar.com/register/6591892606389193557?source=Round+Up
Check out previous discussions:
https://www.legal-island.com/resources/any-questions-webinars/
Enjoy the weekend.
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