CONTENTS

1. Case Law Reviews
2. AI and Employment Law
3. DfE Economic Update – January 2025
4. DEI
5. Governance
6. Absence & Wellbeing
7. Civil Service People Survey 2024: Officials happier with pay and keener to stay
8. New plans for MLA pay introduced at Stormont
9. Just in Case You Missed It...
10. HR Developments
11. Employment News in the Media
12. GB Developments
13. Free Webinars This Month

Eddie Stobart Ltd v Graham [2025] EAT 14

Summary Description: Injury to feelings award reduced when the EAT looked at the evidence of the injury to feelings suffered by the claimant. 

Claimant: Graham

Respondent/Appellant: Eddie Stobart Ltd

Keywords: Redundancy; Maternity; Unfair Dismissal

Practical Guidance for Employers:
This case provides a useful examination of the Vento bands and the key elements that will be looked at.  The key focus is the injury suffered by the individual and not the manner of the discrimination (although they can, of course, be linked). To this end, the limited nature of the evidence to injury to feelings meant that the £10,000 award in the middle band of Vento was regarded as perverse and a lower band award was substituted. 

Read the Review in full:
Eddie Stobart Ltd v Graham [2025]

Abel Estate Agent Ltd v Reynolds [2025] EAT 6

Summary Description: Failure to have early conciliation does not remove the competency/jurisdiction of the Tribunal to hear the claim.

Claimant: Reynolds

Respondent/Appellant: Abel Estate Agent Ltd

Keywords: Tribunal Procedure; Early Conciliation

Practical Guidance for Employers: 
A procedural focus on this case but demonstrates that the failure to have early conciliation does not instantly mean that the Tribunal loses jurisdiction to hear the claim.  They are within their rights to reject the claim on that ground on the basis that the required information was not part of the claim but it does not remove the competency of the Tribunal to hear the claim. It must be noted that this was in England and Wales and would only be persuasive, rather than binding, in Northern Ireland. 
The NI Tribunals may take a different approach to how the legislation would be interpreted in this regard.

Read the Review in full:
Abel Estate Agent Ltd v Reynolds [2025]

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://legal-island.com/employment-law-hub/case-law?query=&section=hubArticles&siteId=1&page=1&perPage=12&sort=postDate+DESC&entryTypes%5B%5D=caseLaw

EU AI Act

On Sunday 2nd February, Article 4 of the EU AI Act came into effect, requiring organisations in Ireland to take proactive steps to ensure their staff members attain a sufficient level of AI literacy.

While the exact application of the EU AI Act in Northern Ireland remains unclear, forward-thinking organisations are staying ahead by upskilling their teams, ensuring staff can use AI tools like ChatGPT responsibly and effectively.

Next month, Legal Island is launching a new Safe Use of ChatGPT at Work micro eLearning course. This course is quick, practical and will help your staff to:

• Understand ChatGPT’s strengths – and its limits
• Learn essential tips for protecting sensitive data
• Build confidence to integrate ChatGPT safely in your workflow

Incorporating this eLearning course into your broader AI literacy strategy will help you prepare for future regulations while equipping employees with the knowledge and confidence to use ChatGPT responsibly and effectively.

If you are interested in finding out more, you can register your interest HERE

Legal Island is also planning a webinar or online half-day workshop explaining how to conduct an AI audit of systems to ensure compliance with the Act. Watch this space for more info…..

What’s HR’s role in ethical AI adoption?

AI has the potential to elevate productivity and economic growth and, if used responsibly, can help make work more meaningful for people. But we’re not always aware of AI’s presence in the technology we use. Hayfa Mohdzaini examines the vital role of the HR profession in understanding the presence and potential of AI, and importantly, the ethical use of it at work.
https://www.personneltoday.com/hr/ai-ethics-hr-adoption-cipd/

CIPD to lead research into responsible AI adoption

Artificial intelligence can help deliver growth but understanding its impact on jobs, skills needs and organisational strategy must be considered, the CIPD has said as it begins work in collaboration with the Innovate UK BridgeAI programme. The CIPD is partnering with Innovate UK’s BridgeAI programme to understand the areas of HR, organisation strategy, and people development practice crucial to successful AI implementation at work. The research will help shape frameworks for ethical and responsible use of AI, and employers’ understanding of skills and organisational development needs:
https://www.personneltoday.com/hr/ai-research-cipd-innovate-uk-bridgeai-ifow/

Data, Privacy & Cyber: Ten top trends for 2025

In the fast-paced, ever-changing world of data, privacy, cyber, and AI, staying ahead of the curve is crucial. The team at Ius Laboris has identified ten key themes and what professionals in these fields should look out for in 2025:
https://iuslaboris.com/insights/data-privacy-cyber-ten-top-trends-for-2025/

Why employees smuggle AI into work

"It's easier to get forgiveness than permission," says John, a software engineer at a financial services technology company. "Just get on with it. And if you get in trouble later, then clear it up." He's one of the many people who are using their own AI tools at work, without the permission of their IT division (which is why we are not using John's full name). According to a survey, external by Software AG, half of all knowledge workers use personal AI tools. The BBC has more on this:
https://www.bbc.co.uk/news/articles/cn7rx05xg2go 

2025 McKinsey Report on AI- What are the Key Takeaways for Employers

Barry Phillips gives his views on the top ten takeaways from the McKinsey survey on AI published on Monday of this week.

https://legal-island.com/employment-law-hub/2025-mckinsey-report-on-ai-what-are-the-key-takeaways-for-employers

DfE's Analytical Services Division produces a monthly economic update which analyses the main trends and events.

Labour Market statistics from September to November 2024:

• Employment Rate – 72.6%
• Unemployment Rate – 1.7%
• Economic Inactivity Rate – 26.1%

You can read the full update here: 
https://www.economy-ni.gov.uk/publications/dfe-monthly-economic-update-2025

ASDA equal pay ruling update

Thousands of workers at Leeds-headquartered supermarket chain Asda have won the latest stage in a decade-long equal pay case against the supermarket, which could result in a pay out worth £1.2bn. An employment tribunal ruled 12 out of 14 lead claimants in the case, which involves 60,000 people, mostly women working in shop-based jobs, had roles of equal value to their mostly male counterparts in Asda’s warehouses, despite being paid up to £3.74 an hour less. 
More from the Business Desk:
https://www.thebusinessdesk.com/yorkshire/news/2134347-asda-workers-win-latest-phase-in-decade-long-equal-pay-challenge

Law firm joins with neurodiversity specialist to reduce tribunal claims

Geldards has teamed up with a neurodiversity training specialist to reduce the number of disability discrimination claims reaching the employment tribunal in what the law firm believes is the first collaboration of its kind. The firm has partnered with NeuroUniverse to meet ‘growing demand’ from businesses to support their neurodivergent employees. The firm has seen a significant rise in the number of clients seeking advice on managing neurodiverse employees, particularly around grievances linked to the lack of reasonable adjustments. More from the Law Gazette:
https://www.lawgazette.co.uk/news/firm-joins-with-neurodiversity-specialist-to-reduce-tribunal-claims/5122252.article

 DE&I’s detour: Why good intentions backfired

Traditional DEI initiatives often fall short, focusing on surface-level changes rather than addressing the root causes of exclusion. This article from HRD Connect argues that true workplace inclusion stems from genuine human connection. By fostering a culture of trust, respect, and psychological safety, organizations can unlock the full potential of their diverse workforce:
https://www.hrdconnect.com/2025/02/03/deis-detour-why-good-intentions-backfired/ 

The Companies (Disqualification Orders) (Amendment) Regulations (Northern Ireland) 2025

The Companies (Disqualification Orders) (Amendment) Regulations (Northern Ireland) 2025 (SR 2025/14) are amendments made to the existing Companies (Disqualification Orders) Regulations 2010. The amendments aim to strengthen the criteria and procedures for disqualification orders, making it easier to disqualify directors who have engaged in misconduct. This includes actions like misapplying company funds, failing to act responsibly, or obtaining loans under false pretences:
https://www.legislation.gov.uk/nisr/2025/14/contents/made

How to find the perfect balance of accountability

With employees and managers under pressure to demonstrate productivity, establishing lines of accountability is crucial. Ensuring that everyone knows what they are accountable for, communicating it to the business, and adding a few incentives into the mix, and we have the recipe for success, don’t we? Possibly. We also have the recipe for something entirely different – a mix of secrecy, defensiveness and blame. To highlight the challenge, we need to understand the human instincts that kick in once we have been given something to own. Personnel Today has more on this:
https://www.personneltoday.com/hr/balance-of-accountability/ 

7.5 million UK workers suffer in silence with mental health

The analysis, conducted by RRC International, found that 7,475,603 workers in the UK suffer with their mental health every day at work, but do not feel able to tell their employers. These individuals are struggling with anxiety, depression, and stress caused or made worse by work. You can find out more from HR Director here:
https://www.thehrdirector.com/business-news/mental-health/7-5-million-uk-workers-suffer-silence-mental-health/

Acas advice: managing neurodiversity at work

Acas has published new advice on neurodiversity at work to help employers create inclusive organisations and raise awareness. The advice covers:

• Understanding neurodiversity
• Talking about neurodiversity
• Performance, conduct and capability
• Making your organisation neuroinclusive

You can find out more here: 
https://www.acas.org.uk/neurodiversity-at-work 

Civil service sick days fall as pandemic impact eases

Figures published by the Cabinet Office last week reveal that the average number of working days lost per full-time-equivalent staff member in 2023-24 was 7.8, down from 8.1 in the previous year. The fall in sickness absence comes alongside a drop in the impact of Covid on sickness in the civil service. The Scottish Government had the highest number of average working days lost per staff year in 2023-24 (10.3), with the Ministry of Justice coming in second with 9.9. Civil Service World has more on this:
https://www.civilserviceworld.com/professions/article/civil-service-sick-days-fall-as-pandemic-impact-eases

30% of staff have or would call in sick to work despite feeling healthy

Almost a third (30%) of employees have admitted that they have or would consider ‘pulling a sickie’ to miss work, despite feeling healthy, according to research from MetLife UK. Two-fifths (40%) of respondents admitted they feel burned out, rising to 47% for women compared to 31% of men. Three in 10 (31%) cited needing time away from the workplace as their excuse. 
You can read more here from Employee Benefits:
https://employeebenefits.co.uk/healthcare-and-wellbeing/30-of-staff-have-or-would-call-in-sick-to-work-despite-feeling-healthy/280321.article 

Government officials are more satisfied with their pay and increasingly inclined to stay with their current organisation longer, according to the just-published results of the 2024 Civil Service People Survey. In addition to feeling happier with pay levels than in either of the previous two years, civil servants also reported that they are more likely to stay where they currently work for some years before moving on to another role. Civil Service World has more on this:
https://www.civilserviceworld.com/professions/article/civil-service-people-survey-2024-officials-happier-with-pay-and-keener-to-stay 

New plans to set pay levels for Stormont MLAs have been introduced in the assembly. For five years, the Independent Financial Review Panel (IFRP) set wages and expenses for politicians in the assembly. But the terms of the three members ended in 2016 and they were never replaced. The Assembly Members (Remuneration Board) Bill proposes setting up a new independent board. More here from the BBC:
https://www.bbc.co.uk/news/articles/cly5rl6xpgpo 

In this month’s Q&A, Chris Fullerton from Arthur Cox LLP provides clarity:

Can an employer count a public holiday as part of the statutory minimum holiday entitlement when the public holiday does not fall on a normal working day?
https://www.legal-island.com/employment-law-hub/can-an-employer-count-a-public-holiday-as-part-of-the-statutory-minimum-holiday-entitlement-when-the-public-holiday-does-not-fall-on-a-normal-working-day

Can an employee take time off for mental health reasons, and what should an employer consider more generally?
https://www.legal-island.com/employment-law-hub/can-an-employee-take-time-off-for-mental-health-reasons-and-what-should-an-employer-consider-more-generally

Can a Payment in Lieu of Notice (PILON) be paid at below National Minimum Wage (NMW)?
https://www.legal-island.com/employment-law-hub/can-a-payment-in-lieu-of-notice-pilon-be-paid-at-below-national-minimum-wage-nmw

Monitoring and managing romantic relationships in the workplace

As Valentine’s Day approaches, Ethan Diver from Taylor Walton Solicitors explains how employers should handle the difficult and sensitive issues thrown up by office romances in this article from People Management:
https://www.peoplemanagement.co.uk/article/1904736/monitoring-managing-romantic-relationships-workplace

CIPD: Effective performance management: Guide for HR professionals

This guide provides evidence-based advice on effective performance management so people professionals can make informed decisions and recommendations, and support people managers in implementing performance management processes:
https://www.cipd.org/en/knowledge/guides/effective-performance-management/?

Online performance reviews: How technology has changed manners and etiquette

With the rise of modern technologies, the dynamics of these appraisals have changed dramatically, especially in terms of manners and etiquette. Adhering to netiquette helps maintain a professional tone and reduces the risk of misunderstandings in virtual settings. The Conversation provides guidance here:
https://theconversation.com/online-performance-reviews-how-technology-has-changed-manners-and-etiquette-244056

The majority of teachers in Northern Ireland have rejected a 5.5% pay offer for 2024/25 and are set to take action short of strike. BBC News NI understands that some of the terms of the offer on workload and strike action had proved to be contentious. Teaching unions had received the 5.5% offer from the employers, including the Department of Education (DE), on Friday. More: 
NI Education: Teachers reject pay rise of 5.5% - BBC News

A police officer's sacking four years after a misconduct investigation is an "unacceptable delay" which requires a change to legislation, the Police Ombudsman's Office has said. The officer who was under investigation was on restricted duties and full pay throughout the period. The investigation had been completed within a year, but disciplinary action had to await the outcome of court proceedings, which took three years. The Ombudsman's Office said a fast-track procedure should be introduced to enable dismissals without any "undue delay" reports the BBC:
https://www.bbc.co.uk/news/articles/czj31r7l240o

Federal employees who have been offered a buyout as part of President Donald Trump's effort to trim the size of the government have begun receiving an emailed copy of the contract they must sign in order to accept the offer. The buyouts, which are being offered to two million government employees in the form of a deferred resignation offer, are part of DOGE head Elon Musk's effort to cut the federal government workforce under Trump's direction. The program offers to continue to pay federal employees through Sept. 30, 2025, if they resign by Feb. 6. Yahoo news has more on this:
https://uk.news.yahoo.com/federal-workers-accept-buyout-must-214514500.html

Big tech player Amazon’s newest wind farm will be one of six on the island of Ireland. Amazon has signed a new power purchase agreement in Northern Ireland for the Corlacky Hill Wind Farm. Once operational, the wind farm, located near Swatragh, will consist of 11 turbines with a total capacity of 47 megawatts (MW). The wind farm is projected to inject £2.5 million into Northern Ireland’s economy, according to the wind farms developer ERG, and will support Amazon’s Climate Pledge commitment to reach net-zero carbon emissions across its operations by 2040. More from Think Business:
https://www.thinkbusiness.ie/articles/amazon-wind-farm-northern-ireland/

Queen's University Belfast (QUB) has been criticised for its decision to open a campus in India, after it announced 270 job cuts in Northern Ireland through a voluntary redundancy scheme. The University and College Union (UCU), which represents many of QUB's teaching staff, described the move as "scandalous". It said QUB receives "significant funding" from Stormont and accused the university of using public money to fund redundancies in Belfast while expanding abroad, reports the BBC:
https://www.bbc.co.uk/news/articles/c4gwq7e4l5zo

A hospital receptionist who was allegedly attacked by a security guard after the pair's 'escalating' banter got 'out of hand' has been awarded over £19,000 in compensation from a South London NHS trust. Ben Murphy, who was an administrator at Lewisham and Greenwich NHS Trust, has successfully brought a claim against his former employer after the trust suspended him over the incident. My London has more here:
https://www.mylondon.news/news/south-london-news/south-london-hospital-security-guard-30926691 

Ignoring whistleblowers costs government hundreds of millions of pounds, analysis finds

Ignoring whistleblowers has cost the taxpayer hundreds of millions of pounds, new analysis has found, with the cost of three recent scandals alone pegged at £426m.A report published today by the whistleblowing charity Protect has laid bare the cost of failing to act when whistleblowers speak up. It looked at three major scandals in recent years: the Post Office IT Horizon scandal; the  Lucy Letby scandal; and the 2018 collapse of the outsourcing giant Carillion. Civil Service World has more here:
https://www.civilserviceworld.com/professions/article/ignoring-whistleblowers-costs-government-hundreds-of-millions-of-pounds-analysis-finds

Domestic abuse workers to strike over proposed job cuts

Domestic abuse workers in Tower Hamlets have voted to strike “indefinitely” over proposed job cuts they say will put victims and survivors at risk. Independent Domestic Violence Advisors (IDVAs) from the charity Solace Women’s Aid will begin strike action on Friday, February 14. The workers, who are members of United Voices of the World (UVW) union, returned a 100 percent vote in favour of strike action based on a 92 percent turnout reports The Standard:
https://www.standard.co.uk/news/london/domestic-abuse-tower-hamlets-strike-solace-womens-aid-b1209015.html

Most zero-hours workers ‘with same employer for more than a year’

Hundreds of thousands of British workers are on zero-hours contracts despite being with the same employer for years, according to analysis from the TUC. The majority of zero-hours contract workers have been with their employer for more than 12 months, while one in eight have not been granted regular employment rights after more than a decade working in the same place, the organisation said. The analysis was published as union leaders said that insecure work was holding back economic growth, and in the face of Conservative attacks on the government’s employment rights bill. You can read more from the Guardian here:
https://www.theguardian.com/politics/2025/feb/03/most-zero-hours-workers-with-same-employer-for-more-than-a-year 

Employment Law at 11: preparing for change in 2025

Join us THIS MORNING at 11am (Friday 7th Feb) for the first Employment Law at 11 webinar of 2025 and get ready for change!

Big changes are on the horizon for employment legislation in Northern Ireland, and HR professionals need to be ready. Join us for a focused 45-minute webinar where Christine Quinn of Legal Island will chair the discussion, with legal expertise from Seamus McGranaghan of O’Reilly Stewart Solicitors, to help you prepare for what’s coming in 2025 and beyond.

We’ll cover:

1.    'Good Jobs' Bill
2.    Draft Programme for Government
3.    Domestic Abuse (Safe Leave)

Understand how these developments could impact your organisation and what steps you can take to stay ahead.

Bring your questions and Christine will put them to Seamus live!

REGISTER HERE:
https://attendee.gotowebinar.com/register/9184354112556792416?source=Round+Up