🥶 Feeling colder than the atmosphere in a disciplinary hearing? Warm up with this week’s hot takes on employment law in Northern Ireland! 🥶
This week's top 5:
- Northern Ireland Labour Force Survey – Young people not in education, employment or training
- Over a quarter of employees report elimination of diversity-focused role in past two years
- Reeves tells firms no more tax rises as she defends Budget
- AI in recruitment: Levelling the playing field or entrenching bias?
- Perception Trap: What you think you communicated isn’t what they heard
And in other news...............a huge thank you to all our fantastic speakers at Legal Island's Annual Review of Employment Law on Wednesday! What a day! 😄
- Case Law Reviews
- AI and Employment Law
- Whistleblowing
- Executive statement on ending violence against women and girls
- Legislation
- Budget
- Young People and work
- Supreme Court hearing to determine definition of ‘woman’
- 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 ⚓︎
Secretary of State for the Department of Environment, Food and Rural Affairs v Public and Commercial Services Union [2024] UKSC 41
Summary Description: Union could take action through a conferred benefit through the contract of employment of individuals where it derived from a collective agreement.
Appellant: Public and Commercial Services Union
Respondent: Secretary of State for the Department of Environment, Food and Rural Affairs & Others
Keywords: Trade Unions; Collective Agreements; Contracts of Employment
Practical Guidance for Employers:
This Supreme Court judgment provides a useful examination of the extent to which third party rights under the 1999 Act can work to allow Unions to take actions. The collective agreements, not being legally enforceable, can be seen to stymy such action. However, the operation of third party rights allows for Unions to use the individual contracts of employments as their conduit to take action where they are conferred a benefit. This was a clear benefit in this case through the simplicity of receiving the subscriptions and there was a common intention that they would be able to take the action.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/november/secretary-of-state-for-the-department-of-environment-food-and-rural-affairs-v-public-and-commercial-services-union-2024-uksc-41/
Lucas v Eurocoach (NI) Limited [2024] NIIT 51579/21 [Reconsideration]
Summary Description: A reconsideration application refused where it was found that it was made on the basis of the claimant being unhappy with the original decision.
Claimant: Alan Lucas
Respondent: Eurocoach (NI) Limited
Keywords: Disability Discrimination; Time Limits; Tribunal Procedure
Practical Guidance for Employers:
This case provides a useful insight into how the Industrial Tribunal in Northern Ireland considers the use of reconsideration. It is made very clear that it is to be used sparingly and not as a method to relitigate matters or where a party is unhappy with the original decision. This ought to be taken into account by those who are deciding whether to make an application for reconsideration – namely it is whether it is in the interests of justice – which gives great weight to ensuring that there is finality in the decision making process.
NI Tribunal decisions are available on the OITFET website:
http://www.employmenttribunalsni.co.uk/
Jason previously discussed this matter at the initial adjudication stage—read his review here: https://www.legal-island.com/articles/uk/case-law/2024/october/lucas-v-eurocoach-ni-limited-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 in recruitment: Levelling the playing field or entrenching bias?
AI in recruitment aims to reduce hiring biases and streamline candidate selection. But do these tools truly make hiring fairer, or are they reinforcing hidden biases? City AM explores this issue:
https://www.cityam.com/ai-in-recruitment-levelling-the-playing-field-or-entrenching-bias/
"The Clone Wars: GenAI Avatars in the Workplace"
This week Barry Phillips takes a look at what happens when your boss is a bot—but looks just like your boss.
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3. Whistleblowing ⚓︎
Ethics at Work: 2024 international survey of employees
Research by the Institute of Business Ethics, in conjunction with the Compliance Institute, polled 12,000 workers in 16 countries and revealed:
Whilst 71% of employees believe their organisations are taking ethics seriously
- 25% reported they had been aware of misconduct or illegal activity at work in the last year
- 20% reported being aware of sexual harassment in the workplace
- 13% were aware of bribery or corruption
You can download the full survey here:
https://www.ibe.org.uk/ethicsatwork2024.html
NHS bosses who silence whistleblowers could lose jobs
Under new proposals announced by the government this week, managers will be held accountable for silencing concerns and will be banned in cases of serious misconduct. A public consultation launched 26 November 2024 will seek views on the plans which aim to regulate NHS bosses and ensure they adhere to professional standards. More from Personnel Today:
https://www.personneltoday.com/hr/nhs-bosses-who-silence-whistleblowers-could-lose-jobs/
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4. Executive statement on ending violence against women and girls ⚓︎
Marking White Ribbon Day, also known as the International Day for Elimination of Violence Against Women and Girls and the start of a period known as the 16 Days of Activism Against Gender-Based Violence, the Ministers issued the following statement: “The Executive is united in our commitment to end violence against women and girls. Following the events of recent weeks, we reaffirm our commitment to working together across the Executive to do everything we can to achieve our vision of ‘a changed society where women and girls are free from all forms of gender-based violence, abuse and harm’.” The full statement is available here:
https://www.executiveoffice-ni.gov.uk/news/executive-statement-ending-violence-against-women-and-girls
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5. Legislation ⚓︎
The Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) (Amendment) Regulations (Northern Ireland) 2024
The amendments make changes to tribunal practice, including providing, in certain circumstances, for two or more claimants to make their claims on a single claim form, to allow an employment judge to sit alone in certain circumstances, allowing the issue of default judgments and the recording of judgments on the Register. You can read the detail here:
https://www.legislation.gov.uk/nisr/2024/197/contents/made
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6. Budget ⚓︎
Reeves tells firms no more tax rises as she defends Budget
Chancellor Rachel Reeves has told businesses she is "not coming back with more borrowing or more taxes" as she defended the tax rises on businesses announced in the Budget. Reeves told the Confederation of British Industry (CBI) conference that despite "a lot of feedback" on her tax and spending plans, she had not heard many alternatives. Her comments come after the boss of biscuit giant McVitie's warned it was "becoming harder to understand" the case for investing in the UK after the Chancellor's decisions. More from the BBC:
https://www.bbc.co.uk/news/articles/c33ek51rx57o
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7. Young People and work ⚓︎
Young people who refuse to work to lose benefits – minister
Liz Kendall told the BBC the government will offer young people the opportunity to "earn or learn" under new proposals unveiled. "In return for those new opportunities young people will have a responsibility to take them up," she said. Under new measures to reform the welfare system, a "Youth Guarantee" for 18 to 21-year-olds aims to train young people or get them back into work. More from the BBC:
https://www.bbc.co.uk/news/articles/cp35r0v7q95o
And closer to home…
Northern Ireland Labour Force Survey – Young people not in education, employment or training
Statistics on young people who are not in education, employment or training (NEET) were published by the Northern Ireland Statistics & Research Agency for the period between July to September:
- There were 16,000 young people aged 16 to 24 years in Northern Ireland who were not in education, employment or training (NEET)
- The NEET rate among males aged 16 to 24 was 8.3% and among females was 8.2%
- The number who were NEET increased from the previous quarter and decreased over the year
You can read more here:
https://www.economy-ni.gov.uk/news/northern-ireland-labour-force-survey-young-people-not-education-employment-or-training-neet-21
Nearly one in three graduates and apprentices leave by year three of employment
The Smarty Train, the UK-based people and learning consultancy, announced its 2025 Early Careers Trends Report, gathering robust data from UK and global businesses, revealing an alarming 29% of Early Careers joiners leave by their third year of employment. With the typical cost per hire, per graduate costing over £3,200, the report found that nearly three-quarters of organisations (74%) are unable to confidently demonstrate a Return on Investment (ROI) from their Early Careers initiatives. More here from HRD Connect:
https://www.hrdconnect.com/2024/11/22/nearly-one-in-three-graduates-and-apprentices-leave-by-year-three-of-employment/
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8. Supreme Court hearing to determine definition of ‘woman’ ⚓︎
A Supreme Court hearing which will determine the definition of a woman has begun. Brought by campaigners For Women Scotland, the ruling will establish how transgender people should be treated legally, as well as what the process of gender recognition actually means. The landmark case, which follows a long-running dispute, could have wide-ranging implications for single-sex spaces across the UK. Read more on it here:
https://www.personneltoday.com/hr/supreme-court-hearing-to-determine-definition-of-woman/
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9. NI Institutional abuse victims awarded £30,000 after data breach ⚓︎
Three victims of historical institutional abuse (HIA) in Northern Ireland who were exposed in a major data breach are each to receive £30,000 in damages, the High Court heard on Wednesday. The settlements were announced in claims against the body, which was set up to champion their cause, and The Executive Office. Proceedings were issued after a newsletter circulated in an email by the HIA interim advocate's office in May 2020 mistakenly revealed the identities of about 250 survivors of abuse reports the BBC:
https://www.bbc.co.uk/news/articles/c704py3j94ro
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10. Just in Case You Missed It... ⚓︎
Sexually inappropriate banter: How do I handle it?
This month’s problem concerns:
"We have an employee who continues to engage in ‘banter’ with his colleagues and some of his ‘jokes’ have been reported as sexually inappropriate by his female colleagues. How do I handle it?” Emma Doherty of Tughans LLP has the answer:
https://www.legal-island.com/articles/uk/features/how-do-i-handle-it/2024/november/sexually-inappropriate-banter-how-do-i-handle-it/
Why mark International Men's Day?
Why do men need a day set aside for men’s stuff? What’s the point of these themed days which pop up through the year? There’s even a National Pirates Day on September 19th and National Hugging Day on January 21st (a definite date to work from home!) Andrew Pain has more:
https://www.legal-island.com/articles/uk/features/hr/2024/november/why-mark-mens-international-day/
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11. HR Developments ⚓︎
The Great Resignation and organisations’ investment in the talent pipeline
Investing in employee training and development doesn’t always produce straightforward effects. Workers change jobs for a number of reasons and organisations bear the costs of recruitment and retraining. LSE Business Review looks at how to enhance the knowledge, skills and attitudes that enable workers to perform effectively and whether a tendency to change workplaces could hamper this goal:
https://blogs.lse.ac.uk/businessreview/2024/11/26/the-great-resignation-and-organisations-investment-in-the-talent-pipeline/
Perception Trap: What you think you communicated isn’t what they heard
Misaligned perceptions happen all the time at work. Maybe you’ve had a conversation with a team member and thought you made everything clear, only to find they were confused later. Or perhaps you’ve given constructive feedback, only for it to be received as criticism. In both cases, the issue isn’t the message itself—it’s the perception of it. Forbes has more on this:
https://www.forbes.com/sites/dianehamilton/2024/11/20/perception-trap-what-you-think-you-communicated-isnt-what-they-heard/?ss=chro-network
Reboot: Over a quarter of employees report elimination of diversity-focused role in past two years
In Reboot’s 2024 Race to Equality report, 22% of employees reported reduced funding for diversity programmes, while over a quarter have seen elimination of diversity-focused roles in the past two years. As efforts to increase diversity in the workplace stutter, 42% of respondents believe the main reason for this is budget cuts. Portfolio Adviser has more on this story:
https://portfolio-adviser.com/reboot-over-a-quarter-of-employees-report-elimination-of-diversity-focused-role-in-past-two-years/
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12. Employment News in the Media ⚓︎
A judge has strongly criticised an employment tribunal (ET) that copied most of its reasons from the respondent’s witness evidence or written submissions. Mr Justice Bourne in the Employment Appeal Tribunal said that this, and the absence of reference to the claimant’s submissions, “are such that I cannot conclude that there was a proper judicial evaluation of the essential issues” reports Legal Futures:
https://www.legalfutures.co.uk/employment/tribunal-copied-most-of-ruling-from-one-sides-submissions
Walt Disney has reached an agreement to pay $43.3 million to resolve a lawsuit that claimed its female employees in California earned $150 million less than their male colleagues over an eight-year span. As part of the settlement, Disney will engage a labour economist for a three-year period to evaluate pay equity among full-time, non-union employees in California who are below the vice president level and to address any identified disparities, according to the three law firms representing the plaintiffs. The lawsuit was initially filed by LaRonda Rasmussen after she discovered that six male employees with the same job title were earning significantly more than she was, including one individual with fewer years of experience who earned $20,000 more annually. More from Lawyer Monthly:
https://www.lawyer-monthly.com/2024/11/disney-reaches-43-million-settlement-in-womens-pay-discrimination-lawsuit/
A senior lawyer accused of sexual assault has won his claim for unfair dismissal after CCTV footage showed the encounter was “consensual from both sides” and that the woman lied to “protect her interest”, a tribunal has heard. The Central London tribunal heard that Mr Rustambekov, an employee at law firm Fieldfisher, was dismissed after a woman at the firm, identified as ‘Colleague 1’, accused him of sexually assaulting her in a public toilet during a work night out. However, the CCTV footage revealed that the encounter between the pair had been “consensual”. Employment judge Anthony said that after the CCTV footage surfaced, the law firm should have dismissed the claim as it was unreliable. More from People Management:
https://www.peoplemanagement.co.uk/article/1897127/lawyer-unfairly-dismissed-sexual-assault-allegations-cctv-shows-encounter-consensual-tribunal-rules
Mr MW, an autistic teacher, was awarded £850,000 in compensation after being unfairly dismissed from his role as head of maths. Mr MW, diagnosed with autism in 2017, was known to become fixated on certain issues, leading to multiple complaints at work. Despite his love for teaching, his grievances were seen by the school’s leadership as taking up too much time, and after several disputes, Mr MW was eventually suspended. He was offered a settlement and later a demotion, both of which he reluctantly accepted under protest, leading to further tension with his bosses. More here from HR Director:
https://www.thehrdirector.com/legal-updates/legal-updates-2024/autistic-teacher-awarded-850000-discrimination-claim/
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13. 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.
Biggest employment reforms in a generation unveiled to Get Britain Working again
A White Paper published this week on biggest reforms to employment support for a generation sets out a fundamentally different approach to the employment support system - backed by £240 million of investment - to target and tackle the root causes of unemployment and inactivity, and better join up health skills and employment support based on the unique needs of local communities including:
- Jobcentres transformed across Great Britain and every young person to have access to an apprenticeship, quality training and education opportunities
- Mental health support to be expanded and extra capacity deployed to reduce waiting lists in areas with highest levels of inactivity
You can read the full press release here:
https://www.gov.uk/government/news/biggest-employment-reforms-in-a-generation-unveiled-to-get-britain-working-again
GB Employment Rights Bill unpacked: extension of time limits for bringing tribunal claims
The government is amending the Employment Rights Bill to extend time limits for bringing tribunal claims from three to six months. As it stands, most tribunal claims (including those for dismissal, discrimination and unlawful deduction from wages) need to be brought within three months of the act complained of. The team at Lewis Silken outline it here:
https://www.lewissilkin.com/en/insights/employment-rights-bill-unpacked-extension-of-time-limits-for-bringing-tribunal-claims
Consultation launched on eradicating modern slavery in NHS England
Proposed new measures from the Department of Health and Social Care will legally require public bodies procuring goods and services for the NHS to identify and mitigate risks of modern slavery. A public consultation launched 21 November 2024 is seeking views on government proposals to prevent goods being sourced from companies accused of exploiting their workforce. More than 21% of NHS suppliers were recently found to be at “high risk” of involving modern slavery in their supply chains. Surgical instruments, gloves, gowns, uniforms and face masks were identified as the five highest-risk products reports Personnel Today:
https://www.personneltoday.com/hr/nhs-modern-slavery-consultation/
You can find out more about the consultation (which only applies to England) here:
https://www.gov.uk/government/consultations/tackling-modern-slavery-in-nhs-procurement-proposed-regulations-and-guidance
And…
EU passes forced labour ban but leaves out migrant worker protections
The Forced Labor Regulation (FLR) was formally approved by the European Council late in November, after passing through the European Parliament earlier in the year. Member states have several years to implement the regulation at the national level. The FLR provides for various mechanisms for oversight and enforcement to stop products made with forced labour being sold within the EU. More here from Forbes:
https://www.forbes.com/sites/freylindsay/2024/11/24/eu-passes-forced-labor-ban-but-leaves-out-migrant-worker-protections/
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14. Free Webinars This Month ⚓︎
Employment Law at 11 - With O'Reilly Stewart Solicitors
Friday 6th December (11:00am - 11:45am)
An unstoppable force meets an immoveable object – philosophical beliefs in the workplace – Q&A
Christine Quinn from Legal Island and Seamus McGranaghan Director, O’Reilly Stewart, will discuss your questions on “an unstoppable force meets an immoveable object – philosophical beliefs in the workplace”.
Did you attend Seamus’ session on philosophical beliefs in the workplace at the Annual Review? If so, Christine will ask all your burning questions that he didn’t get to on the day. If not, now’s your chance to get involved, pose some questions, and catch up on what you missed!
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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