This week's Top 5 reads - because life’s too short and your inbox is already stuffed like an Easter egg...🐣

1. 🤐 Silenced at Work? Are opinions off-limits now?
2. 🗂️ 40 Days, One Hire – That’s how long UK businesses spend filling each vacancy
3. ⚖️ UK Supreme Court rules that the legal definition of a woman is based on biological sex.
4. 📱 Meeting Manners – Phone use in meetings branded ‘disrespectful’
5. 🥪 Free Lunch Exists! But only if you're in the office on Fridays...

And in other news.....data protection doesn’t have to be the moment your brain checks out. 😵‍💫Join us for the NI Data Protection Annual Update 2025 on 21 May — the must-attend event for HR pros who’d rather not learn the hard way that a “quick email” about an employee's excessive days off can be dug up in a DSAR! 📧🔍

**If you have any difficulties accessing the article or resetting your password (if you haven’t already done so in 2025) please email hub@legal-island.com and we’ll be in touch with you as soon as possible.**

1. Case Law Reviews
2. AI and Employment Law
3. Speaking up in the Workplace
4. Restructuring and Redundancies
5. Cyber breaches fall to 43% of UK businesses, but cybercrime remains high
6. Barriers to and Opportunities for Employment for those with Learning Disabilities Research
7. UK Supreme Court Ruling
8. Just in Case You Missed It...
9. HR Developments
10. Employment News in the Media
11. GB Developments
12. Friends of Legal Island

O’Neill v Armagh City, Banbridge and Craigavon Borough Council [2025]

Claimant: O'Neill

Respondent: Armagh City, Banbridge and Craigavon Borough Council

Summary: 
Claimant successful in demonstrating sex discrimination when his seconded role was removed and he went back to his substantive role on less favourable terms.

Practical Guidance for Employers: 
The remedy is still be decided in this case but the judgment here provides a useful examination of actual and hypothetical comparators and how they can be used to examine the allegations made by the claimant. The Tribunal here finding that based upon how the actual comparators were treated if the hypothetical female comparator was in place they would have received more favourable treatment. With no non-discriminatory reason being properly offered by the respondent this led to success.

Read the Review in full:
https://legal-island.com/employment-law-hub/oneill-v-armagh-city-banbridge-and-craigavon-borough-council

Young & Graham v Arralis Technologies Ltd & Another [2025]

Claimant: Young & Graham

Respondent: Arralis Technologies Ltd & Another

Summary: 
Application for reconsideration refused when the respondent did not issue an appearance and sought to reopen the case when judgment had been issued.

Practical Guidance for Employers:
This case demonstrates the reluctance of the Tribunal to widen the parameters for reconsideration of a decision. Moreover, it goes further in demonstrating that where there has been no appearance entered by a party then there would be no locus standi to make an application for reconsideration. It would have to be in the interests of justice and that test was not satisfied here.

Read the Review in full:
https://legal-island.com/employment-law-hub/pd-mj-ltd-v-revenue-and-customs-commissioners-2

 
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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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UK Businesses Spend 40 Days Filling Each Vacancy

Analysis of over 8.8 million online job applications in the United Kingdom reveals the median time to fill a vacancy is 40 days, with each role attracting 72 applications. The research by SmartRecruiters, the recruiting AI company, also reveals that despite receiving 72 applications per job post, only 4.3% of candidates are invited to interview, with 1.1% ultimately receiving job offers. Globally, companies using AI fill vacancies 26% faster than those not using it, reports HR News:
https://hrnews.co.uk/british-businesses-spend-40-days-filling-each-vacancy-according-to-analysis-by-smartrecruiters/

The Stanford AI Index Report 2025 and Key Takeaways for HR

This week Barry Phillips takes a look at the AI Index Report of 2025 and gives his top five takeaways for HR.

The Stanford AI Index Report 2025 and Key Takeaways for HR

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More staff blowing the whistle on bullying and discrimination, data reveals

Whistleblower reports of bullying, discrimination, and substance abuse have jumped in recent years, as high-profile cases of workplace harassment emboldened more staff to speak out, new data shows. There has been a 9% rise in bullying and discrimination-related reports since 2020, the data showed. But experts warned that pressure on global firms to water down their diversity policies could make staff “nervous” to report concerns. More from LBC:
https://www.lbc.co.uk/business/4630eca005de49f39438051075520c6b/

Are we no longer allowed to give an opinion?

It seems that there are two camps today: a small number of us feel we can speak our truth (sometimes without thinking of the consequences), while many of us are too afraid to express our opinions. But what happened to the key markers for workplace success – clear communication, welcoming diverse opinions and sharing our ideas, thoughts and opinions with respect? If three in ten don’t feel comfortable about taking risks and sharing thoughts with others in the organisation, are different thoughts, ideas and opinions genuinely no longer valued? More from HR Director:
https://www.thehrdirector.com/business-news/the-workplace/no-longer-allowed-give-opinion/

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The Cabinet Office will shrink in size by about a third, with about 1,200 jobs to go and another 900 transferred to other departments.

Staff in the department were told on Thursday that it would be reduced. The 1,200 job losses will involve voluntary redundancies and roles not being filled when people leave. The cuts are part of what the government says is a drive to make the civil service more efficient, with substantially more than 10,000 roles likely to go in the next few years. You can read more on this from the Guardian:
https://www.theguardian.com/politics/2025/apr/10/uk-jobs-cut-cabinet-office-civil-service-whitehall-efficiency

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The proportion of UK businesses reporting cybersecurity breaches or attacks declined to 43% in 2025, compared to 50% the previous year, according to the UK Cyber Security Breaches Survey 2025. Ransomware attacks, while affecting a smaller proportion of organisations, increased in prevalence. One per cent of all businesses reported being targeted by ransomware in 2025, compared with less than 0.5% the previous year. This equates to approximately 19,000 ransomware incidents, suggesting a rise in more complex cyber threats. Tech Monitor has more:
https://www.techmonitor.ai/technology/cybersecurity/cyber-breaches-fall-43-uk-businesses-cyber-crime-remains-high?cf-view

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The Department for the Economy (DfE) commissioned research to identify barriers to, and opportunities for, employment for those with learning disabilities living in Northern Ireland.

Findings include:

• negative workplace experiences such as a lack of support
• completing menial tasks
• poor experiences with the general public.

The full report is here:  
https://www.economy-ni.gov.uk/publications/barriers-and-opportunities-employment-those-learning-disabilities-research 

And…

Jobs fears as disability scheme owes businesses thousands 

Businesses employing disabled people say they are owed hundreds of thousands of pounds by the government, and fear they may have to let staff go. Under the Access to Work scheme, companies and employees can apply for grants to help support disabled people in the workplace. But businesses have told the BBC there are backlogs and huge payment delays leaving them out of pocket:  
https://www.bbc.co.uk/news/articles/c705nxgqvv8o

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UK Supreme Court rules legal definition of a woman is based on biological sex

The UK Supreme Court rules that the legal definition of a woman is based on biological sex. Judges say the "concept of sex is binary" while cautioning that the landmark ruling should not be seen as victory of one side over another. Transgender people still have legal protection from discrimination, the court adds. More from the BBC here:
https://www.bbc.co.uk/news/live/cvgq9ejql39t

Read the full 88-page judgement here:
https://supremecourt.uk/uploads/uksc_2024_0042_judgment_aea6c48cee.pdf

NB: this ruling is in respect of the Equality Act 2010, which does not apply here in NI. But, given that it is a Supreme Court case, it will have a knock-on impact on our own legislation.

Employment solicitors speak out on impact of Supreme Court Equality Act judgment

Chelsea Feeney, employment associate at Stevens & Bolton, said the ‘landmark decision’ would ‘forever shape the legal landscape of gender recognition and sex-based rights in the UK’. Speaking of the possible impact on employers, Feeney said it ‘could mean that a review of human resources policies and diversity training is necessary, to ensure they accord with the updated definition of a “woman” in relation to biological gender without reference to those who have obtained a gender recognition certificate’. More from the Law Gazette: https://www.lawgazette.co.uk/news/gender-and-sex-based-rights-employment-solicitors-speak-out-on-supreme-court-ruling/5123028.article

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Unapproved use of AI - How do I Handle it?

Jack Balmer from Tughans LLP explore the legal risks of unauthorised use of AI in the workplace. Find out more here:
Legal Island | Unapproved use of AI - How do I Handle it?

C' is for Competent and Confident Managers

Effective leadership is not just about overseeing tasks; it is about inspiring confi-dence, managing performance, navigating workplace challenges with skill, and having the confidence to act. At the heart of strong leadership lie two essential qualities: competence and confidence. More from AAB here:
C' is for Competent and Confident Managers

Dobson v North Cumbria Partnership NHS Foundation Trust [2023]

In Dobson v North Cumbria Partnership NHS Foundation Trust [2023], the Tribunal examined whether requiring weekend working amounted to indirect sex discrimination. The case highlights the importance of fair comparison pools and justification of working patterns. Written by Louise McAllon, this article explores the legal and practical implications for employers. Read more here:
Dobson v North Cumbria Partnership NHS Foundation Trust [2023]

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JP Morgan CEO bans ‘disrespectful’ phone use in meetings

As the finance company calls time on mid-meeting multitasking, People Management considers whether other businesses should follow suit or if lack of focus is a more deep-rooted issue:
https://www.peoplemanagement.co.uk/article/1913945/jp-morgan-ceo-bans-disrespectful-phone-use-meetings-%E2%80%93-technology-problem-does-meeting-efficiency-room-improvement

Returning to work top concern for employees with cancer

The poll of L&G (Legal & General) members referred to vocational rehabilitation provider Perci Health found this was the top concern for 83% of employees with cancer supported last year. Interestingly, this top return-to-work concern did not seem to be directly associated with finances, said L&G. In fact, financial difficulties appeared in the bottom three practical concerns. More from Personnel Today:
https://www.personneltoday.com/hr/returning-to-work-top-concern-for-employees-with-cancer/

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The FTSE 100 advertising agency WPP has began offering free lunches to lure employees back into the office on Fridays. From April, WPP’s team of 108,000 people is expected to be in the office at least four days a week, reports City AM:
https://www.cityam.com/wpp-ftse-100-giant-offers-free-lunch-friday-to-get-staff-into-office/

An judge has criticised a leading media law firm for using “unnecessary thinly veiled threats of regulatory action” against a former employee. Employment Judge Heydon also found that London practice Clintons breaches its disclosure obligation. You can read more from Legal Futures:
https://www.legalfutures.co.uk/latest-news/judge-criticises-law-firm-for-thinly-veiled-threats-to-ex-employee

A Birmingham college has been ordered to pay a lecturer over £25,000 after her boss “humiliated” her in front of students for having dyslexia. An employment tribunal ruled in favour of Yasmeen Afzal who claimed she suffered “relentless mistreatment” over an “extensive number of years” at her employer South and City College Birmingham. The tribunal also found the college failed to make reasonable adjustments for Afzal’s disability, such as including reducing her workload and allowing more time for marking and other work. More from FE Week:
https://feweek.co.uk/lecturer-awarded-25k-for-dyslexia-harassment/

A disabled man has said he was “absolutely floored” and “deeply hurt” after he was unfairly dismissed from a disability support charity. William Drysdale-Wood worked for Shared Lives South West for eight years before he was dismissed on grounds of ill health in September 2023. Mr Drysdale-Wood recently took on the charity at an Employment Tribunal and won, with a judge ruling his complaint of unfair dismissal was well founded. The judge also decided that Mr Drysdale-Wood’s complaint of discrimination arising from disability was well founded, meaning it was successful. Cornwall Live has more: 
https://www.cornwalllive.com/news/cornwall-news/disabled-man-unfairly-dismissed-disability-10105666

A GP practice manager who failed to pay more than £75,000 into her employees' pension funds has been handed a seven-year director ban. Sonia Simkins deducted money from staff wages but failed to pay it into an NHS pension scheme. The Insolvency Service said it has been unable to confirm exactly what happened to the money. More from Birmingham Live: https://www.birminghammail.co.uk/black-country/gp-surgery-manager-failed-pay-31422106

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It’s going to get harder to dismiss a worker in GB

The GB Employment Rights Bill was introduced to the Westminster Parliament in October 2024, during the early months of the new Labour Government. It was described at the time as “the biggest upgrade to workers’ rights in a generation”. One of the Bill’s most significant changes is the proposed repeal of the current two-year qualifying period for ordinary unfair dismissal, in effect making it a right from day one. More from the Scotsman:
https://www.scotsman.com/business/its-going-to-get-harder-to-dismiss-a-worker-5077110

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Belfast lawyer appointed global DEI chair of Lewis Silkin

A partner in Lewis Silkin’s Belfast office has been announced as the new chair of diversity, equity and inclusion for the firm covering Great Britain, Northern Ireland, Ireland and Hong Kong. Paul Gillen is a partner in the Employment team in Lewis Silkin’s Belfast office. Congratulations Paul from all of us at Legal Island! More from Insider Media: https://www.insidermedia.com/news/ireland/belfast-lawyer-appointed-global-dei-chair-of-lewis-silkin

Appointment of Lay Members - Northern Ireland Judicial Appointments Commission (NIJAC)

The First Minister and deputy First Minister are seeking to appoint Lay Members to the Northern Ireland Judicial Appointments Commission (NIJAC). You can find out more here:
https://irecruit-ext.hrconnect.nigov.net/jobs/vacancies-details.aspx?ID=7c5de8a1-5c0d-42dd-b4ae-70a20388a90e

Enjoy the Long Weekend!

Legal Island.

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