The Definitely (Maybe) fool-proof guide to working in HR: 1. Roll with it. 2. Take your time. 3. Say what you say. 4. Don't let anybody get in your way. ('Cause [sometimes] it's all too much for us to take).

This week's top 5:

1. Next shop workers win equal pay claim
2. 1 in 2 LGBT+ people have experienced bullying or harassment at work
3. How to write a compelling job posting with free templates
4. Eight in 10 carers would support paid leave right
5. “Productivity killers” that lose workers a day each week and how to fix them

And in other news...............join Emma Grossmith and Catherine Hayes of Lewis Silkin LLP for the next FREE Comparative Law webinar on 19th September at 11am - REGISTER NOW!

CONTENTS

1. Case Law Reviews
2. AI and Employment Law
3. DEI
4. Fall in small business confidence as employment costs take a toll, new report finds
5. Flexible working puts smiles on faces across the factory floor
6. Just in Case You Missed It...
7. HR Developments
8. Employment News in the Media
9. GB Developments
10. Free Webinars This Month

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1. Case Law Reviews

Almussawi v Moussa [2024] Case No: 4105211/2023

Summary Description: Harassment was found due to certain actions of the respondent including winking and adjusting the claimant’s clothes. The act of dismissal was found to also constitute harassment, and an award was made as a result.

Claimant: J Almussawi

Respondent: Wejdi Moussa

Keywords: Harassment; Sex Discrimination

Practical Guidance for Employers: 
This case demonstrates quite a significant payment relating to a very short period of employment (four weeks). It shows the impact harassment can have in the workplace and the significant way it is viewed by the law and the Tribunal. Whilst there was nothing expressly sexual or related to sex in the comments of the respondent the Tribunal can infer from the actions and how the respondent treats others within the workplace. This led to the findings that it made.

Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/august/almussawi-v-moussa-2024/

British Airways v Rollett & Others [2024] EAT 131

Summary Description: Claimants without the protected characteristic could bring a claim for indirect discrimination under the Equality Act 2010 where there was such disadvantage to a group of those who did.

Claimant/Respondent on Appeal: Rollett & Others

Respondent/Appellant on Appeal: British Airways Plc

Keywords: Indirect Discrimination

Practical Guidance for Employers:
This is a potentially groundbreaking decision which may continue to go through the appeals channels. The fact that it is allowing for those without the characteristic to claim indirect discrimination where there is such an effect on a group does widen the net in terms of potential claimants for PCPs brought in which may be argued as indirectly discriminatory. It should be noted that this decision was made on the basis of the Marleasing principle requiring the re-interpretation of domestic legislation to be in compliance with EU Law.  The previous Conservative Government stated that it would not apply from the start of 2024 so it may be the case that this case only provides a precedent for cases from a certain time.  However, that may not be the case in Northern Ireland considering the potential effect of the Windsor Framework and the need to retain rights emanating from EU Law.

Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/august/british-airways-v-rollett--others-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

Government commits £4m to help AI firms create tools for teachers

The government has announced a £4m project to provide education data to artificial intelligence firms – in the hope of creating tools that will help teachers plan lessons and mark pupils’ work. The initiative will centre on  a £3m “content store” for specialist education technology firms that will “pool government documents including curriculum guidance, lesson plans and anonymised pupil assessments”, according to a government press release. More from Public Technology:
https://www.publictechnology.net/2024/08/28/education-and-skills/government-commits-4m-to-help-ai-firms-create-tools-for-teachers/

ChatGPT Bias in…. bias out and what to do about it in HR

Barry Phillips considers how HR can mitigate against the inevitable bias in ChatGPT. Listen here:

https://www.legal-island.com/articles/uk/resources/ai-for-hr-weekly-podcast/2024/august/chatgpt-bias-in.-bias-out-and-what-to-do-about-it-in-hr/

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3. DEI

Next shop workers win equal pay claim

More than 3,500 current and former workers at Next have won the final stage of a six-year legal battle for equal pay. An employment tribunal said store staff, who are predominantly women, should not have been paid at lower rates than employees in warehouses, who are typically male. Lawyers for the shop staff described the judgement as "hugely significant" and the amount of back-pay owed could amount to more than £30m reports the BBC:
https://www.bbc.co.uk/news/articles/cj0817jd9dqo

Asda, Tesco and UK retailers face anxious wait after Next loses £30m equal pay claim

Britain’s supermarkets face an anxious wait after fashion retailer Next lost a major legal battle today over unequal pay in its UK operations. The Employment Tribunal ruled that the company had failed to show paying its sales consultants, most of whom are women, lower hourly pay rates than staff in its warehouses, which are male dominated, was not sex discrimination. More here from City A.M.:
https://www.cityam.com/supermarket-giants-face-anxious-wait-after-next-loses-30m-equal-pay-claim/

TUC poll finds more than 1 in 2 LGBT+ people have experienced bullying or harassment at work in last 5 years

More than half (52%) of lesbian, gay, bisexual and trans (LGBT+) people report being bullied or harassed at work, according to new research published by the TUC . The new poll – carried out for the TUC by Number Cruncher Politics – found:

Around one in five (19%) LGBT+ people had been exposed to verbal abuse at work in the last five years.

More than a quarter (28%) said they had homophobic, biphobic or transphobic remarks directed at them or made in their presence.

And one in 20 (5%) told the TUC that they had experienced physical violence, threats or intimidation at work because of their sexual orientation.

As a result, the TUC says it is not surprising that nearly three in 10 (29%) of LGBT+ people keep their sexual orientation a secret at work:
https://www.tuc.org.uk/news/half-lgbt-workers-have-been-bullied-or-harassed-work-new-tuc-poll

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4. Fall in small business confidence as employment costs take a toll, new report finds

Small business confidence fell back into negative territory in the second quarter of this year, losing the ground made up by the first quarter’s welcome return to positive sentiment among small firms:

• Construction was the least positive major sector, at -20.7 points.
• Employment costs are the most commonly-cited cause driving cost increases compared with a year ago, hitting a series record.
• Revenue expectations for the next quarter have moderated significantly, following disappointment that Q2’s revenues did not match the expectations recorded in the first quarter.

More here:
https://www.fsb.org.uk/resources-page/fall-in-small-business-confidence-as-employment-costs-take-a-toll-new-report-finds.html

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5. Flexible working puts smiles on faces across the factory floor

With flexible working increasingly viewed as a recruitment and retention gamechanger, the Labour Relations Agency and social enterprise, Timely Careers are urging Northern Ireland businesses to consider joining their GB counterparts for the second four-day working week pilot. The LRA has more:
https://www.lra.org.uk/Latest-News/flexible-working-puts-smiles-faces-across-factory-floor

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6. Just in Case You Missed It...

Jury Service Requests in the Workplace: How do I Handle it?

The latest concern addressed by Emma Doherty at Tughans is - An employee has been called for jury service and is asking if they can work flexibly to cover their work, instead of claiming loss of earnings from the court. How do I handle it? Read:
https://www.legal-island.com/articles/uk/features/how-do-i-handle-it/2024/august/navigating-jury-service-requests-balancing-employee-flexibility-and-business-needs/

Information Commissioner reprimands school for how it implemented facial recognition technology for canteen payments

In this Education Law Update, Paul Upson from Napier Solicitors considers a recent reprimand issued by the Information Commissioner to a school in relation to how it implemented facial recognition technology for canteen payments. Read in full:
https://www.legal-island.com/articles/uk/features/education-law/2024/august/information-commissioner-reprimands-school-for-how-it-implemented-facial-recognition-technology-for-canteen-payments/

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7. HR Developments

How to write a compelling job posting with free templates

According to an Indeed survey, 52% of jobseekers consider the quality of a job description to be highly influential in their decision to apply for a job. AIHR provides hints on writing a job postings as well as handy templates for internal and external vacancies, including social media platforms such as LinkedIn and Indeed:
https://www.aihr.com/blog/job-posting-template

“Productivity killers” that lose workers a day each week and how to fix them

At a time when the UK is playing catch up with the higher productivity rates of other comparable economies, that equates to a around 19 million wasted days per year across the nation’s workforce including:

• Employees spend the equivalent of 23 working days a year in unnecessary or unproductive meetings
• demand to respond to urgent emails which aren’t urgent (29%)
• non-work chatter (28%)
• desk drop-ins (21%)
• last-minute requests to ‘jump on a call’ (18%)

HR Director looks at key areas employers need to address to turn the situation around:
https://www.thehrdirector.com/productivity-killers-lose-workers-day-week-fix/

An offer they can’t refuse: Negotiating in the workplace

Negotiating requires research, confidence and tact, and is a skill that will serve you throughout your life. From amending your working hours, to salary and title changes, there are many reasons why you might find yourself in a negotiating position in the workplace. When you get the chance to put yourself forward for something, negotiation skills can be crucial in closing the deal. So, what are some top tips to aid you the next time an opportunity comes knocking? Silicon Republic has more here:
https://www.siliconrepublic.com/advice/negotiating-in-the-workplace-skills-employee-advice

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8. Employment News in the Media

A large majority of workers on zero-hours contracts would prefer regular hours, according to new poll findings. The poll of zero-hours contract workers commissioned by the TUC revealed that 84% wanted regular hours of work – compared to just 14% who did not. Underemployment was causing financial hardship for zero hours workers, the survey revealed, with 75% of workers not being offered sufficient hours to meet their costs. More:
https://www.personneltoday.com/hr/tuc-poll-most-zero-hours-workers-prefer-regular-hours/

It was reasonable for a London law firm to raise the possibility of a disabled secretary who worked from home to spend two days a week in the office, an employment tribunal has ruled. This was particularly so as the reasons given by Yolanda Pemberton for not going into the office did not relate to her disability. Legal Futures has more here:
https://www.legalfutures.co.uk/latest-news/firm-entitled-to-ask-disabled-secretary-to-consider-hybrid-working

A teacher who was sacked after describing her pupils as ‘chattering monkeys’ has lost a claim for unfair dismissal against her former school. Charlotte Moore taught a year 6 class at Trinity St Mary’s Primary School in Chelmsford. She was investigated by police after parents complained that her remark was “very racist” and constituted a hate crime. The school launched a disciplinary investigation and Moore was later sacked for gross misconduct reports Personnel Today:
https://www.personneltoday.com/hr/unfair-dismissal-monkeys/

Forida Kaiser, a paralegal at a London law firm has been awarded damages of more than £100,000. An employment tribunal decided last year that was dismissed by Khans Solicitors over unpaid wages, subjected to disability discrimination and harassed on the basis of her sex. The award also included compensation for a failure to make reasonable adjustments, failure to pay holiday pay, breach of contract, and a failure to provide her with written terms and conditions of employment. Legal Futures has more here:
https://www.legalfutures.co.uk/latest-news/paralegal-unfairly-dismissed-by-firm-awarded-105000-damages

There are fears a popular golf club could be put out of business after its owners refused to pay £22,000 for an unfair dismissal claim. The storm arose at Braes Golf Centre, in Falkirk, after long-serving greenkeeper John Easton was sacked by boss Steve Matthews without being given any reason reports the Daily record:
https://www.dailyrecord.co.uk/news/scottish-news/popular-golf-club-risk-after-33536510

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9. 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.

New duty in GB to prevent sexual harassment: are employers doing enough?

Abi Frederick and James Walters of Lewis Silkin LLP talk about the new legal duty on GB employers to prevent workplace sexual harassment:
https://www.lewissilkin.com/en/insights/new-duty-to-prevent-sexual-harassment-are-employers-doing-enough

Is the GB Employment Tribunal fit for radical change to workers’ rights?

While we wait for the full details of the upcoming GB Employment Bill, despite what it may look like, it will have a huge effect on the GB Employment Tribunal, so will it be fit for change? Kate Palka, lawyer at The Legal Director noted that the overhaul could “create more employment claims”, as she highlighted that “ironically, Labour has set out an intention to give greater access to Tribunals.” City A.M. has more on this:
https://www.cityam.com/is-the-employment-tribunal-fit-for-radical-change-to-workers-rights/

Eight in 10 carers would support paid leave right

A new report from the charity Carers UK has estimated that if the statutory right to five days of unpaid carer’s leave for all employees with unpaid caring responsibilities was paid, it would cost the government between £5.5 million to £32 million annually. The report also highlighted that based on carer’s allowance payment figures and lost tax revenues, the cost of employees leaving work due to caring responsibilities is an estimated £1.3 billion a year. It found that women are twice as likely than men to leave their job due to caring, older workers are significantly at risk of giving up work, and low-paid workers cannot afford to take the time off to care. More here from Personnel Today:
https://www.personneltoday.com/hr/paid-carers-leave-balance/

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10. Free Webinars This Month

Comparative Law Webinar with Lewis Silkin LLP

Thurs 19th Sept, 11am - 11.45am

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.

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

• Zero-hours contracts
• Family rights
• Domestic abuse

This webinar will coincide with the launch of a Special Edition of the Legal Island Comparative Law table produced in association with Lewis Silkin LLP.

Register for free:
https://attendee.gotowebinar.com/register/2564054959976973149?source=Round+Up

NOTE: – send questions in live during the webinars or drop a line in advance to webinars@legal-island.com. Anonymity assured.

Register Now:
https://www.legal-island.com/event/forthcoming-webinars-ni/

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

Enjoy the weekend.

Legal-Island