In this month’s ‘In Brief’,we'll be dishing out all the juicy details on the most recent developments in the world of HR and employment law. From case law updates to emerging trends and best practices, we'll make sure you're always in the know. So sit back, grab a cup of coffee, and get ready to stay ahead of the curve. 

Absence 

The Office for National Statistics reported the percentage of working hours lost to sickness absence rose to 2.6% in 2022, the highest it has been since 2004.Patricia Rooney from the employment team at Tughans LLPcame to the rescue to provide practical answers when asked An Employee who has had Repeated Periods of Short-term Sickness Absence: How do I Handle it?   

Employers will usually look at root causes of absence and Andrew Pain, with his usual mix of pragmatism and sensitivity, highlighted four actions an employer could take to help employers develop the conversation around employee burnout to prevent it happening and help ensure Work/life Balance is a Reality, not a Utopia. 

And ‘throwing a sickie’ is one trend that hasn’t gone away.  Although, you have to have a bit of sympathy for Chinese tech worker, Xu, who took sick leave to go on holiday.  Only issue was Xu had previously had two weeks of paid leave rejected – not once, but twice – because there weren't enough people on duty. How many times do we need to advise employees not to book a holiday before requesting the time off? 

Reasonable Adjustments 

As we’re all aware, absence can become a longer term issue. Lewis Silkin, in association with Legal Island,prepared a user-friendly and helpful guide for HR professionals to collate guidance and resources for the making of adjustments for disabled applicants and employees. It includes suggestions of reasonable adjustments for both mental health and physical conditions, a sample Review Meeting Checklist and a directory of charities for signposting purposes.  It’sdefinitely a keeper! 

Sometimes, when employees and employers part ways, an employee brings a case because they haven’t felt supported in the workplace with reasonable adjustments.  In the case of Devine-Gallagher v Lidl (NI) Limited [2023], it came to a point where an employee’s prognosis demonstrated there would be a continued long-term absence.  Jason Elliott, Barrister, says the case highlights how input from Occupational Health is a vital employer resource. For more of Jason’s case reviews, you can take a look here for a range of employment cases on different issues and the implications for employers. 

Neurodiversity 

15% of the population in the UK are neurodiverse and research undertaken by Hewlett Packard Enterprise suggests teams with neurodivergent professionals in some roles can be 30% more productive than those without them.Shirley Blair, Of Counsel, Aisling Byrne, Partner and Olivia Boyle, solicitor, in A&L Goodbody provided an interesting discussion of neurodiversity in the workplace, together with case law and tips for employers to ensure you support your neurodivergent employees and avoid common pitfalls.  

The Great Working from Home Debate 

And some of you may be wrestling with the remote/hybrid working debate with some employers wanting staff to return the office and employees not being quite as keen.  Seamus McGranaghan from O'Reilly Stewart Solicitors and Christine Quinn from Legal Island discussed some of the pros and cons and you can catch up on what they thought were important considerations here. 

Workplace Banter 

Colleague relationships may decline due to working from home, but most HR professionals definitely won’t miss the tricky issue of workplace banter. Metro reported dozens of cases of workplace ‘banter’ were heard by employment tribunals last year,including a number of comments which could be considered bullying or harassment.It’s so easy for a line to be crossed and then HR is called  tohelp sort out the mess.  Occasionally, it’s not light-hearted banter, like the case of Pakalniskiene v Hotpursuit Enterprises Ltd [2023] where an employee shouted abusive comments at a supervisor.   

Judicial Assessment and Mediation 

At least judicial assessment and mediation were launched in the Industrial and Fair Employment Tribunals this month, bringing us in line with the rest of the UK and offering employers new avenues for alternative dispute resolution.  Jack Balmer from Lewis Silkin outlined the changes and the benefits compared to resolving disputes at a Tribunal hearing.  

With similarities and differences in Equality Law in GB and NI (hence Legal Island’s ongoing campaign for a Single Equality Act in Northern Ireland!) Lewis Silkin has produced a table setting out the main differences between the two jurisdictions for clarification. Thanks LS! 

Union Rep Denied at Hearing for Acting Inappropriately in Initial Meetings 

And I know we all have one of ‘those’ days occasionally, but what was IQVIA IES UK thinking when they denied a union representative the chance to accompany an employee at a disciplinary hearing after acting “inappropriately” in initial meetings? Perhaps they thought it was worth the £1541.07 they paid in compensation?  

On that note, hope everything goes smoothly for you until next month’s ‘In Brief’.  Remember, Legal Island is always here with a range of resources to support you and your organisation.