Whether you're the talk of the Ton, or Diamond of the Season, our updates will titillate more than a sideways glance from the Duke of Hastings, and keep you better informed than Lady Whistledown's latest scandal sheet...................

This week's top 5:

1. NI childcare cash 'a start - but hardly enough'
2. Managers show signs of disengagement 12 weeks prior to leaving
3. How will new AI regulations legislate?
4. Post Office convictions quashed through legislation
5. The impact of regular 1:1 meetings on team performance

And in other news............... We have a full day event, AI for HR, taking place online Tuesday, 24th September and we’re keen to hear from anyone in HR who already has experience of implementing AI in the workplace. If this is you, could you drop an email to kellie@legal-island.com? Thank you.

CONTENTS

1. Case Law Reviews
2. AI and Employment Law
3. Childcare cash 'a start - but hardly enough'
4. Post Office convictions quashed through legislation
5. DEI
6. Bereaved father wins change to parental leave law in three UK nations
7. Whistleblowing: Civil service 'needs culture change' to create a 'speak-up environment'
8. Legal Neurodiversity Network: nurturing talent
9. Just in Case You Missed It...
10. HR Developments
11. Employment News in the Media
12. GB Developments
13. Health and Safety Developments
14. Free Webinars This Month

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1. Case Law Reviews ⚓︎

Boohene v Royal Parks Ltd [2024] EWCA Civ 583

Summary Description: No indirect discrimination found when agency workers were not paid the London Living Wage yet those directly employed were.   The issue was a matter of their contract with the agency and not with the principal.

Claimant: Geneviv Boohene & Others

Respondent: The Royal Parks Ltd

Keywords: Agency Workers; Discrimination

Practical Guidance for Employers:

An interesting decision by the Court of Appeal which creates a separation for agency workers between their contract with the agency and the place in which they work.  This decision seems to provide a degree of protection for the place in which they work on the basis that the principal cannot be liable for the contract the worker has with the agency.   This is especially so when there is a comparator element and the comparator is someone who is employed by a different organisation meaning that it does not derive from a single source.

Read the Review in Full:
https://www.legal-island.com/articles/uk/case-law/2024/may/boohene-v-royal-parks-ltd-2024/

Johnstone v Glasgow City Council [2024] EAT 75

Summary Description: Amendment applications to be adjudicated based upon the relative injustice or hardship caused by allowing or refusing them rather than grouping them into distinct classifications.

Claimant: Johnstone

Respondent: Glasgow City Council

Keywords: Tribunal Procedure; Amendments; Unlawful Deduction from Wages

Practical Guidance for Employers:

This case has been a long-running saga relating to different areas of employment law and practice. This has now gone into the practice element relating to the procedural elements of the Tribunal overseeing the claims.  In this case, the EAT made it clear that there was no requirement for amendments to be classified into particular groups but rather they could be looked at generally before specifically examining the extent to which it fits into the overarching question of injustice or hardship in allowing or refusing the application.

Read the Review in Full:
https://www.legal-island.com/articles/uk/case-law/2024/may/johnstone-v-glasgow-city-council-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 ⚓︎

Developing an AI Strategy : Keeping it Smart. Keeping it Cautious

Barry Phillips shares his views on how to get started on developing a robust AI Implementation Strategy.

https://www.legal-island.com/articles/uk/resources/ai-for-hr-weekly-podcast/2024/may/developing-an-ai-strategy--keeping-it-smart.-keeping-it-cautious/

How will new AI regulations legislate?

Over a third of UK employers are investing in AI, with 40.4% planning to increase its use despite workforce uncertainty, according to new research. The findings reveal a surprisingly buoyant business outlook for AI adoption at a time when the UK government begins to craft new legislation to regulate AI. However, despite businesses betting big on AI investment, similar enthusiasm isn’t shared by employees, with 30% of UK workers fearing their roles will be made redundant as a result of GenAi. HR Director has more on this:
https://www.thehrdirector.com/business-news/ai/will-new-ai-regulations-legislate/

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3. Childcare cash 'a start - but hardly enough' ⚓︎

Some parents in Northern Ireland will get help with their childcare bills due to a subsidy scheme introduced in a new £25m financial package. The financial package will entitle parents to 22.5 hours of pre-school education per week for their children. The changes are expected to be in place by September. One parent said the Northern Ireland Childcare Subsidy Scheme is "a start" but more work needs to be done. More from the BBC:
https://www.bbc.co.uk/news/articles/c888l04yngjo

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4. Post Office convictions quashed through legislation ⚓︎

Legislation quashing the wrongful convictions of postmasters and subpostmasters in Northern Ireland has come into force. The Post Office (Horizon System) Offences Act 2024 received royal assent on Friday, meaning all convictions in England, Wales and Northern Ireland have now been overturned providing they meet the statutory criteria. Irish Legal News has more on this:

https://www.irishlegal.com/articles/post-office-convictions-quashed-through-legislation

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5. DEI ⚓︎

Tribunal ruling's talk of 'heresy' suggests trans ideology is an intolerant secular religion

A Scottish employment tribunal heard Roz Adams, who believes biological sex is real and should not be conflated with gender identity, became aware of the mantra “a trans woman is a woman” after starting a job at the Edinburgh Rape Centre in February 2021. She described talk around gender issues as becoming increasingly “eggshelly” until, in June 2022, she was contacted by an abuse victim who wanted to be sure she would be seen by someone who was biologically a woman. Adams sought guidance from her superiors on how to respond, and disciplinary proceedings began against her. The Scotsman has more on this:
https://www.scotsman.com/news/opinion/columnists/tribunal-rulings-talk-of-heresy-suggests-trans-ideology-is-an-intolerant-secular-religion-paul-wilson-4638493

3 in 5 menopausal women still  face discrimination in the workplace

A new study on workplace discrimination has revealed that over 3 in 5 menopausal women face discrimination in the workplace. This comes as a new study reveals nearly 8 out of 10 menopausal women are currently in work. More:
https://www.thehrdirector.com/business-news/diversity-and-equality-inclusion/3-5-menopausal-women-still-face-discrimination-workplace/

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6. Bereaved father wins change to parental leave law in three UK nations ⚓︎

A father who was left without the right to parental leave after his wife died in childbirth has won a change to the law in England, Wales and Scotland on the last day of this parliament. Aaron Horsey found himself battling bureaucracy as well as grief after his wife, Bernadette, 31, died while giving birth to their son, Tim, at Royal Derby hospital in 2022. Because Horsey, a clinical trial manager, had worked for his company for less than nine months, he did not have the automatic right to paternity or parental leave, despite being left in sole care of his newborn son. But on Friday a private member’s bill passed that will ensure any bereaved non-birthing partner in the same situation will automatically get the right to parental leave. The Guardian has more here:
https://www.theguardian.com/money/article/2024/may/24/bereaved-father-wins-change-to-parental-leave-law-in-three-uk-nations

Watch this space for developments on this here in NI...................

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7. Whistleblowing: Civil service 'needs culture change' to create a 'speak-up environment' ⚓︎

The Cabinet Office has been urged to be more proactive in creating a civil service culture that supports officials who raise concerns – including a call to conduct spot checks on departmental data. Members of parliament's Public Accounts Committee said the centre of government is still missing key metrics on whistleblowing in the civil service and lacks assurance over the completeness and consistency of figures reported by departments. Civil Service World has more here:
https://www.civilserviceworld.com/professions/article/civil-service-whistleblowing-pac-report-speak-up-environment

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8. Legal Neurodiversity Network: nurturing talent ⚓︎

Employers risk losing some of their best talent if their workplace practices do not let employees with all types of minds thrive. The Legal Neurodiversity Network (LNN) has recently made recommendations for optimising retention and career progression for neurodivergent individuals in the legal profession. Every neurodivergent person is different. This guide makes general suggestions for effecting positive change based on what some leading legal sector employers are currently doing. Many suggestions constitute ‘easy (as well as inexpensive) wins’ that often also benefit other minority groups, or indeed all employees. You can read more here from the Law Gazette:
https://www.lawgazette.co.uk/practice/legal-neurodiversity-network-nurturing-talent/5119816.article

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9. Just in Case You Missed It... ⚓︎

The Dark World of Unregulated Access to ChatGPT at Work

Legal Island’s own survey this week of 100 HR personnel suggests there’s  a dark world of unregulated access to AI already going on in the workplace.
https://www.legal-island.com/articles/uk/resources/ai-for-hr-weekly-podcast/2024/may/the-dark-world-of-unregulated-access-to-chatgpt-at-work/

An Employee has Submitted a Grievance While Engaged in a Disciplinary Process: How do I Handle it?

This month’s problem is:

“We are currently engaged in a disciplinary process with an employee for gross misconduct. The employee has submitted a grievance, and management do not see the point in dealing with it when they will be dismissed. How do I handle it?”
https://www.legal-island.com/articles/uk/features/how-do-i-handle-it/2024/may/an-employee-has-submitted-a-grievance-while-engaged-in-a-disciplinary-process-how-do-i-handle-it/

Beyond Barriers: Top DEI Challenges in 2024 and How to Solve Them

In this insightful free webinar, delivered by the new CEO of Included, Michelle Sequira, examined the pressing DEI challenges of 2024 and sharing the latest advice and guidance on actionable strategies to overcome them. "Beyond Barriers: Top DEI Challenges in 2024 and How to Solve Them," is designed for business leaders, HR professionals, and DEI advocates who are committed to creating more inclusive environments. Catch up now:
https://www.legal-island.com/articles/uk/resources/webinars/2024/may/new-pagbeyond-barriers-top-dei-challenges-in-2024-and-how-to-solve-them/

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10. HR Developments ⚓︎

4 strategies to enable knowledge sharing in a hybrid or remote work environment

This article from Flex Index outlines four strategic ways to promote effective knowledge-sharing practices in flexible work environments. These ways empower organizations to fully harness the power of their collective knowledge assets regardless of workforce distribution:
https://www.flex.scoopforwork.com/blog/4-strategies-for-fostering-effective-knowledge-sharing-in-a-distributed-workplace

Managers show signs of disengagement 12 weeks prior to leaving, says expert

The knock-on effect of quiet quitting among managers can have serious repercussions for employees and the organisation. There is a “domino effect” that can mean employees underneath a disengaged manager feel unsupported, often “leading them to disengage” continuing a negative spiral, reports Silicon Republic:
https://www.siliconrepublic.com/careers/manager-disengagement-quiet-quitting-red-flags

The impact of regular 1:1 meetings on team performance

This article from HRD Connect explores how regular 1:1 meetings between managers and employees drive team performance and enhance workplace culture:
https://www.hrdconnect.com/2024/05/27/the-impact-of-regular-11-meetings-on-team-performance/

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11. Employment News in the Media ⚓︎

A data breach involving more than 25,000 current and former BBC staff has led to concerns that members of the broadcaster’s pension scheme have had personal details exposed. Names, addresses and national insurance numbers may have been compromised, leading the Corporation to launch an urgent investigation into the issue. The staff affected were warned about the “data security incident” on Wednesday. Read in full:
https://www.personneltoday.com/hr/data-breach-at-bbc-25000-employees-affected/

Age UK must pay compensation after an employment tribunal ruled the charity was responsible for age-related harassment. A preliminary hearing at an employment tribunal ruled that Alexander Martin Cubbin’s case of age-related harassment succeeded, and ordered the charity for older people to pay him over £4,000. Civil Society has more here:
https://www.civilsociety.co.uk/news/age-uk-ordered-to-pay-4-000-after-losing-age-related-harassment-case.html

The Prospect trade union has launched a helpline for public servants who experience sexual harassment at work, following revelations about the scale of sexual misconduct at the Ministry of Defence. Members of the union – which represents professionals in the civil service and other areas of public service – can use the service to record instances of sexual harassment and enable Prospect to track “problem areas”, it said. More from Civil Service World:
https://www.civilserviceworld.com/professions/article/prospect-launches-sexual-harassment-support-service

A Lincoln estate agency forged reports of disciplinary hearing after a former member of staff took to an employment tribunal for unfair dismissal. Pauline Pilawa was "discarded like a piece of rubbish” when she was dismissed from her position due to her request to work from home to accommodate her disability, but the company did not want to accommodate this, despite the arrangement having worked well previously. It was also found that the respondent Mr S Vaddaram, the director of the estate agency, failed to undertake any dismissal procedure without explanation, and fabricated documents to substantiate the dismissal. Lincolnshire Live has more on this:
https://www.lincolnshirelive.co.uk/news/lincoln-news/lincoln-estate-agents-forged-disciplinary-9304447

An award-winning stamp expert was unfairly fired by the auction house where he worked after he accused a member of the world's oldest philatelic society of sexually harassing him. Owners of the auctioneers 'engineered' Ben Palmer's dismissal for gross misconduct amid the fallout of his demand not to work with the director of The Royal Philatelic Society, an employment tribunal found. Now, he is in line to receive compensation after an employment judge ruled he was unfairly dismissed in a 'sham' process reports the Daily Mail:
https://www.dailymail.co.uk/news/article-13454289/Award-winning-stamp-expert-unfairly-sacked-accusing-member-worlds-oldest-philatelic-society-sexually-harassing-receive-compensation-payout.html

A BBC sports reporter took gifts worth thousands of pounds in return for endorsing products on social media, an employment tribunal was told. Ian Stringer, who covered Leicester City for BBC Radio Leicester, was sacked for breaching the broadcaster’s editorial policy by accepting “freebies” including watches and turmeric shots, as well as the loan of cars for long periods. He claimed he had been unfairly dismissed for blowing the whistle over a Covid rule breach at work, but this claim was dismissed by the panel, who said he had a cavalier approach to BBC guidelines over gifts and social media endorsements. The reporter, who appeared on the BBC show The Apprentice in 2008, would mention both his involvement with the broadcaster and his 51,000 followers on X (formerly Twitter) as he requested gifts from companies. More here from the Telegraph:
https://www.telegraph.co.uk/news/2024/05/28/bbc-reporter-sacked-for-gifts-not-unfairly-dismissed/

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12. 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.

Labour's Employment Rights Green Paper - 'A New Deal for Working People'

Aoife McGrath and Georgie Bright, in law firm Blandy & Blandy’s Employment Law team, look back at The Labour Party’s Employment Rights Green Paper and consider what Employment Law related changes we might expect to see under a potential Labour Government in this article from Business Magazine:
https://thebusinessmagazine.co.uk/professional-services/labours-employment-rights-green-paper-a-new-deal-for-working-people/

Fire-and-rehire code of practice comes into force in July

A new statutory code of practice on dismissal and re-engagement, commonly known as fire and rehire, will come into force in July after legislation progressed late last week. A statutory instrument made on Friday and laid before Parliament 28 May, will come into force in England, Scotland and Wales on 18 July 2024 unless it is repealed by a new government after the general election on 4 July. Personnel Today has more on this:
https://www.personneltoday.com/hr/fire-and-rehire-code-comes-into-force-july-2024/

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13. Health and Safety Developments ⚓︎

Heathrow baggage handler left permanently disabled after getting dragged along conveyor belt

A Heathrow baggage handler who devoted her life to the airport has been left permanently disabled after being dragged along a conveyor belt when her scarf got caught in machinery. Jasbir Sahota, 52, suffered serious injuries after the accident on Valentine's Day this year. The worker was unloading luggage from a Loganair flight from Dundee to London when the incident happened. Mrs Sahota, who has worked at Heathrow Airport for 30 years, suffered injuries that left her disabled, as well as brain damage. The Mirror has more on this:
https://www.mirror.co.uk/news/uk-news/heathrow-baggage-handler-left-permanently-32893808

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14. Free Webinars This Month ⚓︎

MCS Lunch and Learn

12 June 2024 (12 noon – 12:45 pm)

Join industry experts Ryan Calvert and Rebekah Mulligan from MCS, alongside Julie Holmes from Legal Island, for an eye-opening webinar exploring the latest recruitment trends – and the path to building diverse, inclusive teams.

While diversity is pivotal, it's just the beginning of the journey towards true inclusivity. Learn how to kickstart this journey by establishing a robust talent pipeline, then go further by fostering a positive workplace culture that embraces everyone.  We'll equip you with strategies tailored for organisations of all sizes, empowering you to create inclusive dream teams that thrive. Get ready to be inspired by real-world examples that will fuel your drive to lead change and transform your workplace into a vibrant, inclusive environment. Plus, don't forget to bring your questions to the table – our experts are here to address them!

Register Now:
https://attendee.gotowebinar.com/register/2095587136437063770?source=WR+NI

Employment Law at 11 Special – Horizon Scanning with special guest Mark McAllister

21st June 2024 (11:00am - 11:45am)

In a break from tradition, our monthly Employment Law at 11 returns on 21st June 2024.

Join Seamus McGranaghan of O’Reilly Stewart solicitors and Legal Island’s Christine Quinn as they welcome special guest Mark McAllister of the Labour Relations Agency for an Employment Law at 11 special.

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 will be dusting off his crystal ball, normally reserved for Legal Island’s Annual Review of Employment Law in November, to cut through the rumours and give insights on what to expect from Stormont. As always, Seamus will be offering his expert legal opinion on what steps you can take now to make sure your organisation is ready, come what may.

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/7561979620020289629?source=WR

Check out previous discussions:

https://www.legal-island.com/resources/any-questions-webinars/

Enjoy the weekend.

Legal-Island

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