Friday Round Up 30/05/2025
Published on: 30/05/2025
Article Authors The main content of this article was provided by the following authors.
Knowledge Team Legal Island
Knowledge Team Legal Island
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Christine, Julie, and Laura - known as the Knowledge Team - bring extensive expertise in employment law, HR, and learning & development. With diverse backgrounds spanning top-tier law firms, in-house roles, and voluntary organisations across the UK and Ireland, they provide informed and strategic support on employment matters.

Our team includes qualified (now non-practising) employment solicitors with experience in both legal and corporate sectors, alongside an experienced HR professional and CIPD Associate Member, ensuring a well-rounded approach to workplace challenges.

💰🧾Welcome to the Friday Round-up: apparently tourists are stuffing coins into the Giant’s Causeway, and Finance would like to clarify—that’s not how they do payroll 

⚡️ This Week’s Top 5 - Quick, Sharp, Essential:

  1. 😤 Manager’s Sighs = Disability Discrimination Tribunal rules exaggerated exhales went too far
  2. 💻🪴 WFH for Gardening? Not worth disciplining, says tribunal
  3. 👶 Family-Friendly Rights Hit a Wall - Top barrier? Redistributing the work
  4. 🧠🤖 Could AI Become Conscious? Some experts say maybe — and it’s sparking big debate
  5. 🤒📆 Unfair Dismissal Claim Fails - Year-long sick leave led to fair dismissal, tribunal finds 📆


*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 ⚓︎

Augustine v Data Cars Ltd [2025] EWCA Civ 658 

Summary Description: 

Appeal dismissed with ‘sole cause’ being retained despite difficulties with providing a rationale for that interpretation, but the precedent was to be followed from Scotland and the Court of Appeal in another similar case.

Claimant/Appellant:

Warren Augustine

Respondent: 

Data Cars Ltd

Practical Guidance for Employers:

This case demonstrates the importance of precedent within the common law system in which we operate.  Despite the difficulties with the interpretation of the 2000 Regulations – the fact that it had been endorsed by the Court of Appeal and the Court of Session in Scotland had to be given weight rather than having a lack of consistency.  It may be the case that it weakens from ‘solely’ to ‘effective cause’ but it would be a matter for the Supreme Court to determine in the case pending appeal (Jwanczuk).

Read the Review in full:
Augustine v Data Cars Ltd [2025]

Graham v CRN Financial Services Ltd [2025] NIIT 14788/22 

Summary Description: 

Unfair Dismissal claim unsuccessful when claimant dismissed for incapability after being off sick for over one year.   Employer had taken reasonable steps to assist the claimant back to work.

Claimant/Appellant: 

Denise Graham

Respondent: 

CRN Financial Services Ltd

Practical Guidance for Employers:

Issues of prolonged absence and having to act based upon that absence can cause difficulties for employers.  In this case, the Tribunal outlines the actions of the respondent which demonstrated that they had acted as the reasonable employer would in the circumstances.  This included having off-site meetings, being flexible in arranging meetings and having the involvement of occupational health specialists.   Such actions should be considered by employers to ensure that they are giving fairness to their employees in such situations but also allow for those matters to be processed.

Read the Review in full:
Graham v CRN Financial Services Ltd [2025]

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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 ⚓︎

The people who think AI might become conscious

I step into the booth with some trepidation. I am about to be subjected to strobe lighting while music plays – as part of a research project trying to understand what makes us truly human. It's an experience that brings to mind the test in the science fiction film Bladerunner, designed to distinguish humans from artificially created beings posing as humans. Could I be a robot from the future and not know it? Would I pass the test? The BBC has more:
https://www.bbc.co.uk/news/articles/c0k3700zljjo

'Violated': Voiceover artist demands ScotRail removes her voice from new AI announcements

A Scottish voiceover artist has called for ScotRail to remove her voice from its new AI train announcements system because she never agreed to its use. Gayanne Potter, whose work also includes the “Voice of God” introductions to ITV News, said she felt “violated” because her voice had been used for a different purpose to what she had agreed with the Swedish company that provided the system. Read:
https://www.scotsman.com/news/transport/voiceover-artist-demands-scotrail-removes-her-voice-from-new-ai-announcements-5147926

42% of UK companies now use AI in payroll

Nearly a quarter of UK employers have increased their investment in AI over the past year, with payroll emerging as a key area of transformation. New research from SD Worx reveals that 42% of UK businesses are already using AI-powered tools such as chatbots to handle employee queries—12% above the European average. While adoption is on the rise, a gap remains between implementation and employee access, highlighting the need for more user-centric payroll innovation. As pressure mounts to optimise processes, manage compliance, and deliver cost savings, AI and hybrid payroll models are becoming vital tools in modern HR strategy. HR Director has more:
https://www.thehrdirector.com/business-news/ai/42-uk-companies-now-use-ai-payroll/

"The AI Efficiency Drive: Layoffs or Lift-Off?"

In this episode, Barry Phillips explores the growing tension between AI-driven efficiency and job security. As organisations adopt automation at pace, is this the beginning of widespread layoffs—or a launchpad for smarter, more creative work? Tune in for expert insight into the choices employers face and what it could mean for the future of work.

"The AI Efficiency Drive: Layoffs or Lift-Off?"

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3. Asking to WFH while having gardening done not worth disciplining, tribunal finds ⚓︎

Asking to work from home as you’re having work done to the garden is not behaviour an employee should be disciplined for, a tribunal has suggested. While trying to hold an important meeting remotely so you can supervise tradesmen might be a ‘mistake’ it is not necessarily ‘blameworthy’ conduct, the panel said. The ruling came in the case of an IT director who fell out with his boss after asking to hold a face to face meeting via Teams as he was having ‘work done’ in his garden. More:
https://www.dailystar.co.uk/news/latest-news/asking-wfh-having-gardening-done-35294680

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4. Jobs market shows cautious optimism as vacancies increase ⚓︎

The UK jobs market grew on an annual basis for a second consecutive month as more companies advertised seasonal roles. However, the latest data from Adzuna showed some slowing in vacancy growth and average salary increases on a monthly basis, suggesting the jobs market is on delicate ground. Read in full:
https://www.personneltoday.com/hr/adzuna-jobs-market-april/

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5. Just in Case You Missed It... ⚓︎

HR Interview Series: Katy Taggart

We interview some of NI's leading figures in HR to find out about their role, the challenges they face, what winds them up in business and how they wind down...
HR Interview Series: Katy Taggart

'D' is for Diversity and Inclusion: Building a More Equitable Workforce

A well-designed, measurable D&I strategy is not just an ethical responsibility; it’s a critical business imperative.
Legal Island | 'D' is for Diversity and Inclusion: Building a More…

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6. HR Developments ⚓︎

Work redistribution tops list of barriers to implementing family-friendly rights

According to a new industry poll by WorkNest redistributing work among existing staff is the main barrier to implementing family-friendly rights. The issue was ranked higher than the financial impact on the organisation and updating internal policies. Catch up:
https://www.thehrdirector.com/business-news/absence-management/work-redistribution-tops-list-barriers-implementing-family-friendly-rights/

HR needs more proactive approach to sick leave 

A fear of asking questions about health is driving people out of the workforce in the UK at a growing cost to society and business, according to the head of the Keep Britain Working review. Former John Lewis Partnership boss Sir Charlie Mayfield, who has been tasked by the UK government with finding ways to keep sick and disabled people in work, said people often became jobless and reliant on benefits because of a lack of health support in the workplace. Read more: 
https://www.personneltoday.com/hr/charlie-mayfield-hr-needs-more-proactive-approach-to-sick-leave/  

Black workers face greatest risk from workplace surveillance

Black employees are at the highest risk of being targeted by workplace surveillance, according to research from the Institute for Public Policy Research (IPPR). The think tank claims that the rapid rise in use of technologies such as facial recognition, biometric tracking and keystroke monitoring will hit workers in low-skill and “low-autonomy” jobs the hardest – roles where black and ethnic minority workers are overrepresented. Read:
https://www.personneltoday.com/hr/black-workers-workplace-surveillance/

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7. Employment News in the Media ⚓︎

A Currys employee lost a race discrimination case, after an employment tribunal ruled it would probably have seemed to colleagues 'out of proportion' to infer your co-workers stole your missing mug.  Adeel Habib began working as a credit support associate for the electrical giant at an office in Poole, Dorset in January 2023, but he only stayed at the company for under four months. More:
https://www.dailymail.co.uk/news/article-14757729/Implying-office-colleagues-stolen-work-mug-goes-missing-probably-come-proportion-tribunal-rules-worker-loses-race-discrimination-case.html

A worker was subject to disability discrimination after his manager repeatedly sighed and made ‘exaggerated exhales’, an employment tribunal has found. In a further tribunal case that brings into question how employers deal with neurodiversity, employment judge Raynor ruled that Robert Watson was discriminated against under sections 15, 20, 21 and 26 of the Equality Act 2010. However, his claim for unfair dismissal and several other counts of discrimination against his employer, Roke Manor Research, were dismissed. More:
https://www.personneltoday.com/hr/sighing-in-frustration-at-colleague-was-discriminatory-employment-judge-rules/

KFC is to invest £1.5bn and create more than 7,000 jobs in the UK and Ireland by 2030. The fried chicken chain said it will spend nearly £500 million on 500 new restaurants as well as upgrading over 200 existing outlets. It currently has more than 1,000 units across the British Isles, most of which are run as franchises. Personnel Today has more:
https://www.personneltoday.com/hr/kfc-creates-jobs-uk-ireland/

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8. Health and Safety Developments ⚓︎

Agri-food sector focus of HSENI healthier workplaces campaign

The Health and Safety Executive for Northern Ireland (HSENI) has announced a new programme of focused advisory and inspection visits across the agri-food sector as part of its healthier workplaces campaign. More direct from HSENI:
https://www.hseni.gov.uk/news/agri-food-sector-focus-hseni-healthier-workplaces-campaign

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9. Free Webinars  ⚓︎

FREE WEBINAR: Employment Law at 11 - Restructuring with Respect

📅Friday, 06 June 2025
⏲️11:00 - 11:45 ( 45 mins )

With rising concerns around “quiet redundancies”, AI disruption, and economic uncertainty, many employees are feeling unsettled.

In this timely webinar, Employment Law at 11 regular Seamus McGranaghan of O’Reilly Stewart Solicitors and special guest Denise Collins of ForeBee Consulting, will explore how to handle redundancy lawfully and respectfully—from fair processes and communication, to supporting those affected and retaining trust among those who stay.

A practical session for anyone involved in difficult workforce decisions. Legal Island’s Christine Quinn will be on hand to put your questions to Seamus and Denise 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. Or catch up on Spotify, Amazon or Apple Music while you're on the go!

NOTE: – Send your questions in advance to gosia@legal-island.com. Anonymity assured.

Please note that the employment law matters discussed in this webinar apply primarily to Northern Ireland.

Register Now

MCS Lunch and Learn: What Top Recruiters Know that You Don’t (Yet)       

🔔 Please note that the webinar has been rescheduled to 23rd July.

🗓  Thursday, 23 July 2025
🕚 12:00 – 12:45 (45 mins)
💻 Online

Register HERE.
                                                            
Join Julie from Legal Island for an MCS Lunch and Learn webinar with leading recruitment experts Ryan Calvert and Rebekah Mulligan. In the first quarter of 2025, the business and recruitment landscape has already been reshaped by macroeconomic, socio-economic, and political forces. Policy changes, inflationary pressures, and shifts in the labour market are compelling organisations across the UK and Northern Ireland to reassess their HR strategies. As workforce dynamics continue to evolve and skills demands grow, it’s essential for HR professionals to adapt their approaches to remain competitive and effectively meet new challenges.

In this 45-minute webinar, Ryan and Rebekah will share the latest trends in recruitment, exploring how organisations are addressing skills shortages, meeting the demand for flexible work, and adapting to the changing expectations of today’s candidates. From the rise of AI-assisted applications to the impact of global DEI rollbacks on local employer brands, they’ll outline the trends that will define talent acquisition in 2025 and beyond.

In this session, we’ll cover:

  • Evolving Hiring Trends – Gain insight into where job demand is expected to increase in the next year.
  • Practical Strategies for Addressing Skills Shortages and Talent Demands – Learn how organisations are responding to economic pressures and shifting labour markets.
  • Building an Authentic and Competitive Employer Brand – Discover how cultural fit and retention efforts can strengthen your recruitment strategy.


Learn how to build trust and strengthen your employer brand in an era where candidates are more informed than ever. Our experts will also discuss how HR teams can stay authentic and competitive in a rapidly shifting environment - ensuring your organisation’s values shine through at every touchpoint, from job adverts to interviews and beyond. Expect practical tips, straight-talking insights, and just enough humour to make your talent challenges feel (almost) manageable.

Got questions? Bring them along! Ryan and Rebekah will be answering audience questions, giving you the chance to get expert advice on the issues that matter most to you.

Check out previous discussions:
Legal Island | Webinars and Podcasts

Enjoy your long weekend!

Legal Island

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 30/05/2025