As Storm Éowyn looms, stay safe and informed—curl up with this week’s employment law updates to weather the storm with confidence. 🌪️⚖️
You'll find the latest, useful advice from the HSENI here:
https://www.hseni.gov.uk/news/health-and-safety-advice-during-storm-eowyn-red-weather-warning
This Week’s Top 5:
- 🧀ChatGPT leaves claimant cheesed-off
- 🤑Real wages rise at fastest rate for three years
- 🏢 Four-day return to office mandate ‘went down like a cup of cold sick’ 🤮
- ⚖ Annual Report to the Equality Commission 2024 📊
- 🏆CIPD Awards in Northern Ireland
In other news…………..join Seamus McGranaghan of O’Reilly Stewart and Legal Island’s own Christine Quinn for the first Employment Law at 11 of 2025 – register HERE.
CONTENTS
- Case Law Reviews
- AI and Employment Law
- DEI
- Flexible Working
- Pay
- Recruitment
- Just in Case You Missed It...
- HR Developments
- Employment News in the Media
- GB Developments
- Friends of Legal Island
- Free Webinars This Month
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1. Case Law Reviews
B (Trading as C) v A [2025] NICA 2
Summary Description: Appeal dismissed as no error of law found. Appeal was largely based upon factual determinations by the Tribunal and the Court of Appeal does not conduct a rehearing.
Claimant: A
Respondent/Appellant on Appeal: B (Trading as C)
Keywords: Sex Discrimination; Harassment; Time Limits
Practical Guidance for Employers: This decision serves as a healthy reminder that appeals to the Court of Appeal from the Industrial Tribunal must be based upon an error of law. To this end, the appellant essentially sought a rehearing which is not permitted within the confines of the statute. Accordingly, with no error of law, it was dismissed. The case also gives a reminder of the need for the notice of appeal to be in time but that time can be extended. The Court acknowledged that with split hearings it could lead to confusion, especially for a personal litigant, of when time began and when the notice was required. The Court, however, stated that it would be for another time to determine the time limits when there is a split between liability and remedy hearings.
Read the Review in full:
https://legal-island.com/employment-law-hub/b-trading-as-c-v-a-2025
Morais v Ryanair DAC [2025] EWCA Civ 19
Summary Description: Creating a prohibited list of employees based upon taking industrial action is not permitted until the Employment Relations Act 1999 (Blacklist) Regulations. However, detriment short of dismissal was allowed within Section 146 of the 1992 Act following on from an earlier Supreme Court decision.
Claimant: Benjamin Morais & Others
Respondent/Appellant on Appeal: Ryanair DAC
Keywords: Trade Unions; Detriment
Practical Guidance for Employers: The Court of Appeal provides a useful interpretation of the meaning of ‘activities of an independent trade union’. Whilst the Supreme Court noted that it did not include industrial action for the purpose of detriment short of dismissal – that was not the case with the separate legislation relating to blacklisting or creating a ‘prohibited list’. Accordingly, it is clear that creating a prohibited list is not permitted for those who take industrial action.
Read the Review in full:
https://legal-island.com/employment-law-hub/morais-v-ryanair-dac-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=§ion=hubArticles&siteId=1&page=1&perPage=12&sort=postDate+DESC&entryTypes%5B%5D=caseLaw
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2. AI and Employment Law
DSIT previews 'Humphrey' AI package for civil servants in £45bn productivity drive
Technology secretary Peter Kyle has set out details of a new suite of AI tools for civil servants against the backdrop of a comprehensive drive to boost productivity through the better application of digital skills and practices. The AI package has been named "Humphrey" in honour of Sir Humphrey Appleby, the highest-ranking official in classic BBC comedy Yes, Minister, who became synonymous with all-powerful officialdom reports Civil Service World:
https://www.civilserviceworld.com/professions/article/dsit-humphrey-ai-package-civil-servants-45bn-productivity-drive
ChatGPT leaves claimant cheesed-off
Employment judge Adkinson shared his concerns that a claimant who alleged she was unfairly dismissed for making a protected disclosure over mouldy cheese, did not actually understand her own case. While her written submissions and witness statements were ‘verbose and less focused but appear on issue’, her oral arguments were ‘not particularly on issue and vague’. It seems that the claimant ‘used ChatGPT… to write her statement and submissions, into which she added her own details’. The judge ordered the claimant to pay a deposit plus £1,000 towards the respondent’s costs before matters went further. More from the Law Gazette:
https://www.lawgazette.co.uk/obiter/chatgpt-leaves-claimant-cheesed-off/5122095.article
UK Government AI Opportunities Action Plan Unveiled
Ever since the United Kingdom’s departure from the European Union, Northern Ireland has been presented with new, uncharted opportunities due to its unique relationship with the EU, and the ever-evolving landscape of AI is no exception. Last week, the UK Government unveiled its AI Opportunities Action Plan, with the Prime Minister of the United Kingdom, Sir Keir Starmer, stating his intention for the UK to ‘win the global race’ on artificial intelligence. The implications of the Windsor Framework mean that Northern Ireland will require extra consideration in respect of the rollout of the Action Plan. Read more from A&L Goodbody Belfast:
https://www.algoodbody.com/insights-publications/uk-government-ai-opportunities-action-plan-unveiled
AI in Legal Research: The Future of Law Is Now
For decades, lawyers have relied on time-honoured methods of legal research—sifting through physical books, consulting legal databases, and combing through vast amounts of case law. But now, with the rise of AI, the legal landscape is being fundamentally transformed. AI is not just a passing trend; it is reshaping the way legal professionals approach research, improving speed, accuracy, and efficiency in ways that were once unimaginable. Lawyer Monthly has more:
https://www.lawyer-monthly.com/2025/01/ai-in-legal-research-the-future-of-law-is-now/
Accuracy when using ChatGPT - 3 Hot Tips
This week Barry Phillips offers 3 Hot Tips to help improve the accuracy of responses from ChatGPT and other GenAI models. Listen here: Accuracy when using ChatGPT - 3 Hot Tips
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3. DEI
Most Gen Z workers value company ethics as much as pay
Two-thirds (61%) of generation Z professionals value company ethics as much as their pay packet according to research. Those aged 18-27 years old generally want to work for an organisation that shares their principles, such as green credentials, social responsibility and honesty, it found. The study by Co-operatives UK showed that 42% of individuals in this age group have even thought about leaving a job because their employer does not have strong enough values or social purpose, with a similar proportion (40%) refusing to apply or turning down a job at companies they believe are ‘unethical’. Catch up here:
https://www.personneltoday.com/hr/most-gen-z-workers-value-company-ethics-as-much-as-pay/
Annual Report to the Equality Commission 2024
This report presents the department's progress in fulfilling its statutory equality and good relations duties and implementing Equality Scheme commitments and Disability Action Plans. It reflects progress made between April 2023 and March 2024. Read in full here:
https://www.economy-ni.gov.uk/publications/annual-report-equality-commission-2024
Empowering disabled employees and an employers vital role beyond compliance
In response to the prevalence of disability in the UK workforce, alongside existing discrimination legislation, the new UK government has also hinted at policy proposals which offer disabled jobseekers more specialist support to enter work and would place an onus on employers to disclose disability pay data. HR Director has more here:
https://www.thehrdirector.com/legal-updates/legal-updates-2024/empowering-disabled-employees-employers-vital-role-beyond-compliance/
Acas on Blue Monday: ‘Mental health is a year-round issue’
Conciliation service Acas has urged employers to stay on top of mental health all year round rather than just on Blue Monday, which fell on 20 January. Blue Monday, or the “most depressing day of the year”, is thought to be a term coined by a business psychologist in 2004 after a holiday company asked him for a scientific formula to describe the January blues. But Acas advises employers to prioritise mental health whatever the season, recommending managers remain in regular contact with their teams to check how they are coping, consider workplace adjustments such as flexible working, and clearly communicate any support available. Personnel Today has more here:
https://www.personneltoday.com/hr/acas-blue-monday/
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4. Flexible Working
‘It’s caused uproar’: Inside the fallout from WPP’s four-day office week mandate
The FTSE 100 ad giant is facing a mutiny among its 110,000 staff, after chief executive Mark Read ordered them back into the office for at least four days a week in a company-wide memo described variously by agency employees as “causing uproar” and which had “gone down like a cup of cold sick”. Such was the strength of feeling against the move that a petition set up by what claim to be a group of ‘concerned WPP employees‘, racked up 15,000 signatures in just under a week. City AM unpicks the situation here:
https://www.cityam.com/its-caused-uproar-inside-the-fallout-from-wpps-four-day-office-week-mandate/
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5. Pay
Real wages rise at fastest rate for three years
Real wages increased by 3.4% between September and November 2024, compared to the same period in 2023, their quickest pace since 2021. According to labour market statistics released by the Office for National Statistics (ONS), real regular pay rose by 3.4% and real total pay (including bonuses) rose by 3.2% on the year when using the consumer price index (CPI) measure for inflation. Read in full:
https://www.personneltoday.com/hr/labour-market-statistics-jan-2025/
Northern Ireland civil servants set to get 9% pay rise
Civil servants in Northern Ireland have been offered a pay rise of 9% over 20 months. Finance minister Caoimhe Archibald today announced the pay offer for officials in the Northern Ireland Civil Service, which covers the period 1 August 2024 to 31 March 2026. The offer – made following negotiations with civil service unions – includes a 3% consolidated increase with effect from 1 August 2024 and a 6% consolidated increase with effect from 1 August 2025. More from Civil Service World:
https://www.civilserviceworld.com/professions/article/northern-ireland-civil-servants-pay-rise-9-percent
Average London salary 68% higher than Burnley equivalent, says thinktank
The average London worker could quit their job in August and still be paid what an average worker in Burnley would make in a year, according to a report highlighting Britain’s stark regional pay divide. Calling on the government to close regional pay divisions and increase economic growth, the Centre for Cities said the average annual wage for an employee in London was almost £20,000 higher than in the lowest-paid places in the UK. You can read more on this from the Guardian:
https://www.theguardian.com/inequality/2025/jan/20/average-salary-london-burnley-regional-inequality
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6. Recruitment
PSNI aims to lift all-time low officer levels
The Police Service of Northern Ireland (PSNI) will launch an officer recruitment campaign on Wednesday, aiming to lift numbers from an all-time low. It has said its "recovery plan" will require £200m in extra finance from Stormont. Chief Constable Jon Boutcher wants a service with 7,000 officers by 2028 – it currently has 6,300 reports the BBC:
https://www.bbc.co.uk/news/articles/czep1z1w694o
UK businesses face talent crunch as skills gap widens
ManpowerGroup’s latest Talent Shortage survey report for 2024 reveals a widening skills gap in the UK, with cross-sector shortfalls reaching an 18-year high of 80%. Experts warn businesses must evolve their practices to stay competitive. The skills mismatch between employers’ needs and candidates’ abilities is particularly acute for specialist positions. This has created a paradox: despite a loosening of hiring demand, job vacancy volumes remain stubbornly high. You can access the full report here:
https://www.manpowergroup.co.uk/b_talent-shortage-survey-2024/
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7. Just in Case You Missed It...
Kickstart 2025 with Confidence: HR Trends and Recruitment Strategies with MCS Group
Calling all HR professionals! Looking for fresh insights to lead your recruitment strategy in 2025? Then this webinar is for you, hosted by Legal Island in partnership with MCS Group.
Julie Holmes from Legal Island is joined by recruitment experts Ryan Calvert and Rebekah Mulligan from MCS Group sharing key insights on the top trends. tools and takeaways to help you stand out in the competitive world of talent acquisition:
- Learn from 2024’s lessons: See how last year’s key developments are shaping the hiring strategies of tomorrow.
- Simplify and save: Discover smart ways to cut costs, streamline processes, and harness automation.
- Win the war for talent: Get expert tips to engage candidates and secure standout hires in a competitive market.
- Plan for what’s next: Stay ahead with insights into emerging job roles, salary shifts, and sector-specific demands.
Catch up here:
https://legal-island.com/employment-law-hub/kickstart-2025-with-confidence-hr-trends-and-recruitment-strategies-with-mcs-group
Why Apprenticeships are a Smart Hiring Option Post–Budget
The recent budget announcement has caused alarm for many business leaders, particularly those with ambitions to invest in their business and grow their workforce. The provision of increased National Insurance Contributions (NIC) in Rachel Reeves’ first budget has had something of a chilling effect for many businesses. Richard Kirk of Workplus has more:
https://legal-island.com/employment-law-hub/why-apprenticeships-are-a-smart-hiring-option-post-budget
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8. HR Developments
Office attendance linked to positive employee wellbeing
There is a positive link between workplace attendance and wellbeing, with three or four times a week being the ideal number of in-office days. Research by flexible workspaces provider infinitSpace found employees who attended the office one or two days per week were least likely to report their wellbeing as “great” or “good”, with half (50%) noting a positive physical wellbeing and the same proportion citing a positive mental wellbeing.
https://www.personneltoday.com/hr/office-attendance-linked-to-positive-employee-wellbeing/
Organisational culture survey shows widespread mismatch between behaviour and policies
A large-scale survey on organisational culture by Nottingham Business School has suggested that there is a significant mismatch between the advertised values and policies of UK companies, and how employees behave on a daily basis. Just 18% of employees feel their organisation’s stated values or external image is very aligned to the current culture, while a quarter (25%) believe that the behaviour of their leader does not reflect values portrayed externally. You can read more on this from HRD Connect:
https://www.hrdconnect.com/2025/01/21/organisational-culture-survey-shows-widespread-mismatch-between-behaviour-and-policies/
Wellbeing Starts at the Top - New Year's Goals for Building a Healthy Team Culture
Wellbeing in the workplace results in greater efficiency, better interactions, performance and motivation and of course impacts results. But many organisations still focus only on minimising the problems. Systemic intervention remains important, but The World Health Organization defines health as “…a state of complete physical, mental and social wellbeing and not merely the absence of disease or infirmity”, so leaders need also look at supporting their teams to thrive. Here’s more:
https://www.hrdconnect.com/2025/01/06/wellbeing-starts-at-the-top-new-years-goals-for-building-a-healthy-team-culture/
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9. Employment News in the Media
A US lawsuit filed on behalf of LinkedIn Premium users accuses the social media platform of sharing their private messages with other companies to train artificial intelligence (AI) models. It alleges that in August last year, the world's largest professional social networking website "quietly" introduced a privacy setting, automatically opting users in to a programme that allowed third parties to use their personal data to train AI. It also accuses the Microsoft-owned company of concealing its actions a month later by changing its privacy policy to say user information could be disclosed for AI training purposes. More from the BBC: https://www.bbc.co.uk/news/articles/cdxevpzy3yko
A former worker of a games company has gained a payout of over £7500 after it was proved that she had her wages unlawfully deducted, her contract breached, and has undergone unlawful disability discrimination. In a significant employment tribunal ruling held at the Teesside Justice Hearing Centre in Middlesbrough on December 5, 2024, Miss A Penswick secured a total payout of £7,600 following a series of complaints against her former employer, Gaming Venues Ltd. More from the Northern Echo:
https://www.thenorthernecho.co.uk/news/24875028.former-gaming-venues-ltd-employee-gained-7-600-payout/
In response to a Freedom of Information request, the Northern Ireland Fire and Rescue Service (NIFRS) shared details of the violent acts and revealed that 103 days’ worth of work was missed due to assault-related absences. Data collected by Legal Expert has revealed the extent of violence against NI firefighters as it reported 10 incidents where crew members were injured because of an assault by members of the public. You can read more on this from Belfast Live:
https://www.belfastlive.co.uk/news/northern-ireland/northern-ireland-firefighters-miss-over-30836856
The hospitality industry is calling for the government to delay plans to increase employers’ national insurance contributions (NICs). A new study by UKHospitality found that one in five of the sector’s workforce – around 774,000 people – will move into the new employer NICs threshold for the first time under the chancellor’s proposals, resulting in extra costs of £1bn. The representative body for thousands of hotels, restaurants, cafes, pubs and nightclubs, believes the “regressive changes” will impact hospitality the most because it has a significant proportion of employees who work part-time or flexibly. More:
https://www.personneltoday.com/hr/hospitality-sector-calls-for-ni-delay-due-to-1bn-cost/
A social media worker, who only created six posts in a month compared with a colleague’s 73, won £22,210 in an unfair dismissal case as she was not given enough warning of her potential dismissal. Anita Briggs, who worked for the National Museums of Scotland, was responsible for planning and creating new content for the organisation’s social media platforms. However, the tribunal heard that she would regularly miss deadlines and make spelling errors over the course of two years. After failing three performance reviews, bosses lost confidence in her work ability and she was dismissed.
https://www.hrmagazine.co.uk/content/news/underperforming-social-media-worker-wins-20-000-in-tribunal
Working from home is creating a generation who are "not doing proper work", the former boss of Marks and Spencer and Asda has warned. Lord Rose told BBC Panorama that home working was part of the UK economy's "general decline" and employees' productivity was suffering. His comments come as some companies are calling time on remote working. Amazon, Boots and JP Morgan are just some of the businesses who now require their head office staff to be in every day. BBC has more: https://www.bbc.co.uk/news/articles/c0qww8xdvnwo
UK HR professionals are watching with interest to see whether the inauguration of Donald Trump as US president will have a ripple effect on UK diversity, equity and inclusion policies. Reports from Washington suggest that the DEI office of the Federal Bureau of Investigation (FBI) has been closed in advance of Trump’s return to the White House, with the president-elect demanding that the department “preserve and retain all records, documents and information”. Personnel Today has more: https://www.personneltoday.com/hr/trump-dei-inauguration/
UK judges have dismissed an appeal by Ryanair of a 2021 employment tribunal ruling, after the carrier revoked concessionary travel benefits from pilots who participated in a 2019 strike. The UK cockpit union BALPA initiated a strike over pay and conditions across several days in August and September 2019. More from Flight Global:
https://www.flightglobal.com/airlines/uk-court-rejects-ryanair-appeal-over-its-blacklisting-of-striking-pilots/161427.article
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10. GB Developments
ONS to spend millions on temp workers to fix ‘unusable’ UK employment data
The government’s statistics agency is spending £8m to hire an army of low-paid temporary workers amid efforts to fix its “virtually unusable” data on unemployment and wages in Britain. Providing monthly snapshots on jobs and pay, the survey is one of the most important datasets used by the government and the Bank of England when setting interest rates and taking decisions affecting millions of households. However, economists warn policymakers are “flying blind” amid issues with the survey caused by low response rates, which the ONS admitted last month could take until 2027 to fix. The Guardian has more:
https://www.theguardian.com/uk-news/2025/jan/23/ons-to-spend-millions-on-temp-workers-to-fix-unusable-uk-employment-data#:~:text=The%20government%27s%20statistics%20agency%20is,unemployment%20and%20wages%20in%20Britain
Right to neonatal care leave and pay to begin in April
Thousands of working families with babies in neonatal care will be entitled to additional time off as a day-one right, the government has confirmed. These measures will allow eligible parents to take up to 12 weeks’ leave and, if eligible, pay, on top of any other leave they may be entitled to, including maternity and paternity leave. It has laid regulations to implement the change which, subject to Parliamentary approval, will take effect from 6 April 2025, following the passing of the Neonatal Care (Leave and Pay) Act in 2023. More from Personnel Today:
https://www.personneltoday.com/hr/right-to-neonatal-care-leave-pay-to-begin-in-april-2025/
Morrisons workers move forward in equal pay claim
Morrisons shop workers fighting for equal pay have overcome another step in their legal process following an employment tribunal judgment. The mainly female shop workers are claiming equal pay for work of equal value when compared with predominantly male employees who work in Morrisons’ distribution centres. More from Personnel Today:
https://www.personneltoday.com/hr/morrisons-workers-move-forward-in-equal-pay-claim/
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11. Friends of Legal Island
CIPD Awards in Northern Ireland
The shortlist reveals Northern Ireland’s top employers and best HR talent with over thirty top employers and people professionals making the shortlist across 14 award categories. Many congratulations from Legal Island to everyone who has been shortlisted including the LRA, PwC and many others: https://cipdniawards.co.uk/2025-shortlist
The Law Society of Northern Ireland has been named the ‘Bar of the Year 2024’
The Ludovic-Trarieux International Human Rights Prize is the oldest and most prestigious award given by lawyers to fellow lawyers in recognition of their work in defending human rights. The Jury of the Ludovic-Trarieux Prize named the Law Society of Northern Ireland ‘Bar of the Year 2024’ in recognition of the Society's advocacy on behalf of its members and on behalf of the Rule of Law:
https://lawsoc-ni.org/news/law-society-wins-prestigious-international-human-rights-prize
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12. Free Webinars This Month
Employment Law at 11: preparing for change in 2025
Join us 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:
- 'Good Jobs' Bill
- Draft Programme for Government
- 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
Check out previous discussions:
https://www.legal-island.com/resources/any-questions-webinars/
Enjoy the weekend and stay safe.
Legal-Island
