Famous landmarks around the world dramatically turned off to mark Earth Hour this week. Power up on your HR knowledge below........
This week's top 5:
- Government publishes Responsible AI in Recruitment Guide
- Changes to work visa routes from 4 April 2024 - what it means for employers
- NMW increase 1 April 2024
- Beyond the payslip, what do employees really want now?
- Monitoring Workers 101
And in other news...............Employment Law at 11 is back on 12th April with an NI Caselaw Special - register NOW! Enjoy your Easter break!
- Case Law Reviews
- AI and Employment Law
- National Minimum Wage increase 1 April 2024
- Employment Practices and Data Protection: Monitoring Workers 101
- Sick people leaving workforce at record highs
- Visa Changes
- NI Labour Market Statistics
- Executive from retail giants Greggs and Iceland urge NI firms to offer opportunities to people leaving justice system
- Cabinet Office told to set out plan for combatting 'chronic' civil-service pay woes
- Just in Case You Missed It...
- HR Developments
- Employment News in the Media
- GB Developments
- Health and Safety Developments
- Free Webinars This Month
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1. Case Law Reviews
Irvine v Optilase (UK) Ltd [2024] NIIT 7465/21
Summary Description: A case in which the respondent thought the claimant resigned but had not – so when she was dismissed there was no statutory procedure followed leading to automatically unfair dismissal.
Claimant: Wendy Irvine
Respondent: Optilase (UK) Ltd
Keywords: Unfair Dismissal; Disability Discrimination
Practical Guidance for Employers:
This case demonstrates the importance of being aware of when there is a resignation from employment and then what would amount to a dismissal. The position here was that the claimant was resigning from her role but moving into a new role based upon her circumstances. Accordingly, it did not amount to a full resignation from the claimant’s employment and when it was treated as such it meant that she was being dismissed with no statutory minimum procedure being followed.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/march/irvine-v-optilase-uk-ltd-2024/
Hilton Food Solutions Ltd v Wright [2024] EAT 28
Summary Description: No formal notice of parental leave is required for an employee to rely upon those rights when it comes to automatic unfair dismissal.
Claimant/Respondent on Appeal: Wright
Respondent/Appellant on Appeal: Hilton Foods Solutions
Keywords: Parental Leave
Practical Guidance for Employers:
A sensible decision from the EAT when it comes to the meaning of ‘sought parental leave’. The requirement that it be giving notice would put employees at the behest of employers who could refuse to acknowledge it informally or not provide a mechanism for handing in notice of such a request. As a result, the meaning of ‘sought parental leave’ is to be looked at factually and that will tie into whether an individual has suffered a detriment or been dismissed as a result of it.
Read the Review in full:
https://www.legal-island.com/articles/uk/case-law/2024/march/hilton-food-solutions-ltd-v-wright-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
AI Podcast
This week at Legal Island we trained a GPT on our staff handbook. Results were impressive. But there’s a problem…
Government publishes Responsible AI in Recruitment Guide
The Department for Science, Innovation and Technology has published guidance that identifies potential ethical risks of using AI in recruitment and hiring processes. It further outlines how AI assurance mechanisms can provide organisations with the tools, processes and metrics to evaluate the performance of AI systems, manage risks, and ensure compliance with statutory and regulatory requirements. You can read it here:
https://assets.publishing.service.gov.uk/media/65fda1b9f1d3a0001132ae5b/Responsible_AI_in_Recruitment.pdf
Redefining Human Resource Management: the pros and cons of AI integration
AI in HRM transforms recruitment and onboarding, enhances objective performance management, and enables strategic workforce planning. However, it raises data privacy, potential bias, and the loss of human touch concerns. A balanced approach is essential for leveraging AI’s benefits while addressing its challenges. More from HR Director:
https://www.thehrdirector.com/redefining-human-resource-management-pros-cons-ai-integration/
Government guidance urges procurement pros to be on lookout for use of AI in contract bids
A Cabinet Office policy note warns commercial teams new risks may include leaks of confidential information and a need to examine the ‘accuracy, robustness and credibility of suppliers’ tenders’. These risks may include bidders using sensitive commercial information to help train AI models, or providing this kind of restricted data to a generative system to help it write a bid. Buyers are encouraged to implement “proportionate controls” to ensure such information leaks do not happen. Public Technology has more here:
https://www.publictechnology.net/2024/03/26/business-and-industry/government-guidance-urges-procurement-pros-to-be-on-lookout-for-use-of-ai-in-contract-bids/
Streamlining HR Tasks with ChatGPT
Are you weighed down by your daily HR tasks and duties? This trailblazing workshop demonstrates how the time taken to do today’s typical HR tasks can be slashed by up to 50% by clever use of ChatGPT and other AI tools. If it isn’t already, at some point soon ChatGPT will be a pre-requisite skill for every profession ranking alongside familiarity with PowerPoint, Word and Outlook.
Joi us for an intensive online half-day workshop we cut through the ChatGPT jargon and help HR Professionals to understand how to harness the full power of this amazing new tool that is capable of slashing admin time.
https://www.legal-island.com/event/streamlining-hr-tasks-with-chatgpt-a-comprehensive-half-day-workshop-ni/
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3. National Minimum Wage increase 1 April 2024
These Regulations come into force on 1st April 2024. Changes include:
- the national minimum wage for workers aged 21 or over will now qualify for the national living wage, rather than a lower national minimum wage rate
- the rate of the national living wage increases for workers who are aged 21 or over from £10.42 to £11.44 per hour
- the national minimum wage for workers who are aged 18 or over (but not yet aged 21) increases from £7.49 to £8.60 per hour
- apprenticeship rate applies to workers within regulation 5(1)(a) and (b) of the 2015 Regulations. Regulation 2(3)(d) of these Regulations increases the rate for such workers from £5.28 to £6.40 per hour
More here:
https://www.legislation.gov.uk/uksi/2024/432/contents/made
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4. Employment Practices and Data Protection: Monitoring Workers 101
The Information Commissioner’s Office (ICO) has recently published guidance for employers on monitoring workers lawfully, transparently and fairly. The guidance aims to protect workers’ data protection rights and help employers to build trust with workers, customers and service users. With Artificial Intelligence (AI) on the rise, the temptation may be strong for employers to leverage those emerging technologies in that space. This alert summarizes some specific steps employers should prioritise in light of the ICO guidance. More from Lexology:
https://www.lexology.com/library/detail.aspx?g=d88cd1ee-39db-450c-b256-cb6141078f24
Data Protection Update 2024
Get your yearly Data Protection update and join the experts at Pinsent Masons. Specifically designed to provide you with a comprehensive overview of the data protection issues that matter to HR professionals and employers in Northern Ireland. We set out the most important data protection risks and solutions facing employers and provide practical examples and solutions for you to implement in your organisation immediately. Find out more:
https://www.legal-island.com/event/northern-ireland-data-protection-update-2024/
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5. Sick people leaving workforce at record highs
The number of people leaving the workforce due to long term sickness is at its highest since the 1990s, a report suggests. Adults economically inactive due to ill-health rose from 2.1m in July 2019 to a peak of 2.8m in October 2023, said the Resolution Foundation. The Foundation's report comes after the ONS said more than a fifth of UK adults were not looking for work. More from the BBC:
https://www.bbc.co.uk/news/business-68639144
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6. Visa Changes
FP McCann: Concrete firm fined up to £220k for illegal workers
Two construction firms have been fined after 13 illegal workers were arrested during an immigration raid. FP McCann, a concrete supplier based in Magherafelt in County Londonderry, has been fined up to £225,000 for employing five contractors found to be working illegally. Adana Construction, from Stockport, will have to pay up to £180,000 for employing four illegal workers. More from the BBC:
https://www.bbc.co.uk/news/uk-northern-ireland-68669224
Changes to work visa routes from 4 April 2024 and what it means for employers
The most significant changes to implement include raising the minimum income requirements for work visas, removing the reduced rate of pay for shortage occupations and replacing the shortage list with a new Immigration Salary List. While the policy changes themselves are relatively concise, the implementation of these changes takes up about 180 pages of the statement of changes and the detail of the changes can be difficult to follow. They deal not only with the new rules for future sponsored workers but also transitional arrangements for existing sponsored workers as well as the re-alignment of the Standard Occupational Classification (SOC) codes from the 2010 versions to the 2020 versions. Free Movement provides more detail:
https://freemovement.org.uk/changes-to-work-visa-routes-from-4-april-2024-and-what-it-means-for-employers/
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7. NI labour market statistics
Latest figures include:
The latest NI seasonally adjusted unemployment rate for the period November-January 2024 was estimated from the Labour Force Survey at 2.3%.
Earnings data from HMRC PAYE indicated that NI employees had a median monthly pay of £2,144 in February 2024, an increase of £8 (0.4%) over the month and £92 (4.5%) over the year.
There were 360 proposed redundancies in February 2024, taking the annual total to 3,920, which was nearly double the previous year (2,180)
You can read the full statement here:
https://www.economy-ni.gov.uk/news/labour-market-statistics-64
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8. Executive from retail giants Greggs and Iceland urge NI firms to offer opportunities to people leaving justice system
Organisations which have already hired people with criminal records including Greggs, Iceland and local company idverde, talked through the process of hiring and urged others to diversify their workforce and develop a culture of inclusion and fairness. More here from the News Letter:
https://www.newsletter.co.uk/business/executive-from-retail-giants-greggs-and-iceland-urge-ni-firms-to-offer-opportunities-to-people-leaving-justice-system-4566611
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9. Cabinet Office told to set out plan for combatting 'chronic' civil-service pay woes
Watchdog MPs have told the Cabinet Office it must clearly set out how it will tackle declining real-terms pay in the civil service – dubbing the issue a "chronic" problem that has dented morale and hampered staff recruitment. PCS, the civil service's biggest union, said 2024-25 pay rises of at least 18% and as much as 61% would be required to restore civil service pay to 2010 levels in real terms. You can read more from Civil Service World:
https://www.civilserviceworld.com/professions/article/cabinet-office-told-to-set-out-plan-for-combatting-chronic-civilservice-pay-woes
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10. Just in Case You Missed It...
An Employee has Made Substantial Changes to Disciplinary Hearing Meeting Minutes: How do I Handle it?
Tughans LLP on employment law and difficult workplace scenarios. This month’s problem concerns:
“We have just carried out a disciplinary hearing with an employee. They have received the meeting minutes and have made substantial changes, which make it seem like the manager was very aggressive and one-sided – which we don’t agree with. We are almost certain that they will bring an unfair dismissal claim if they don’t like the outcome. How do I handle it?”
https://www.legal-island.com/articles/uk/features/how-do-i-handle-it/2024/march/an-employee-has-made-substantial-changes-to-disciplinary-hearing-meeting-minutes-how-do-i-handle-it/
Bullying v Harassment
Bullying and harassment frequently intersect in employment matters due to their shared characteristics, such as the presence of abusive behaviour and a tendency to involve an abuse of power. Acquiring the necessary skills to effectively address these issues within the workplace is crucial for managers and staff members as this will enable them to navigate such situations should they arise. By developing a comprehensive understanding of these dynamics, organisations can proactively create a safe and respectful work environment while effectively addressing any instances of bullying or harassment.
https://www.legal-island.com/articles/uk/features/hr/2024/march/bullying-v-harassment/
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11. HR Developments
Beyond the payslip, what do employees really want now?
A new Opinion Matters study, ‘Beyond the Salary Slip’, examined the opinions of over 3,000 HR professionals, C-suite, and employee respondents. 97% of C-suite execs want better rewards programmes and with a reported utilisation rate of only 40% by employees, HR professionals are being handed a mandate to evolve rewards programmes. More from HR Director:
https://www.thehrdirector.com/business-news/employee-benefits-and-reward/beyond-payslip-employees-really-want-now/
Could facilitating productive conflict in workplaces create a better standard for a polarized society?
Whether it is Israel and the Palestinians, abortion, the upcoming presidential election, each argument is seemingly more bitter and divisive than the last – and society’s increasing inability to agree to disagree is exhibiting itself in our work communities. This article from Forbes discusses how organisations can approach workplace conflict effectively:
https://www.forbes.com/sites/keithferrazzi/2024/03/20/could-facilitating-productive-conflict-in-workplaces-create-a-better-standard-for-a-polarized-society/
An inclusive workplace needs to go beyond ramps and restrooms
In our journey toward creating inclusive workplaces, it’s crucial to acknowledge that inclusivity extends far beyond the physical. True accessibility encompasses digital platforms, comprehensive policy reform, and a cultural shift towards embracing diversity at every level. This article from HRD Connect aims to equip HR professionals and leaders with the tools to foster a genuinely welcoming environment for all employees:
https://www.hrdconnect.com/2024/03/25/an-inclusive-workplace-needs-to-go-beyond-ramps-and-restrooms/
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12. Employment News in the Media
A bus driver with Crohn’s disease was awarded £29k after suffering “huge amount of humiliation” and soiling himself in a public place due to Midland Red South Ltd’s failure to make reasonable adjustments. HR Director has more on this story:
https://www.thehrdirector.com/legal-updates/legal-updates-2024/bus-driver-crohns-disease-awarded-29k-suffering-huge-amount-humiliation-soiling-public-place-due-failure-make-reasonable-adjustments/
Scottish Parliament staff have been banned from wearing rainbow lanyards to show LGBTQ+ pride, or any other accessories that show support for social movements. Staff or officials who work directly for the Scottish Parliament have been told they must now wear generic purple lanyards when in Holyrood. The rule will not apply to MSPs or their staff. More from Personnel Today:
https://www.personneltoday.com/hr/scottish-parliament-staff-banned-from-wearing-rainbow-lanyards/
The world renowned hospital where the Princess of Wales was treated has launched an investigation over claims staff attempted to access her private medical records. Bosses have launched a probe into the claims Kate’s confidentiality was breached while she was a patient in The London Clinic in January. At least one member of staff was said to have been caught trying to access the 42-year-old’s notes. The allegations has sent shock waves through the hospital in ¬Marylebone, Central London, which has a reputation for discreetly treating of the royal family, former presidents, PMs and celebrities. The Mirror has more:
https://www.mirror.co.uk/news/royals/major-kate-middleton-security-breach-32393601
A black Uber Eats driver has received a payout after "racially discriminatory" facial-recognition checks prevented him accessing the app to secure work. When Pa Edrissa Manjang began working for Uber Eats, in November 2019, its app did not regularly ask him to send selfies in order to register for jobs. But the Microsoft-powered Uber Eats app increased these verification checks and in 2021, it said after "careful consideration" his account would be removed, due to "continued mismatches". More from the BBC:
https://www.bbc.co.uk/news/technology-68655429
A Tennessee parts manufacturer for major companies including John Deere and Yamaha has been ordered to turn over $1.5 million in profits after the Department of Labor found children employed in dangerous jobs. Temporary workforce employees were provided to and placed at Tuff Torq by a temporary workforce staffing agency. The investigation revealed temporary employees identified as children under 18 had utilised fake names and credentials in the staffing agency hiring process. More from Yahoo News:
https://uk.news.yahoo.com/manufacturing-company-ordered-turn-over-012538250.html
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13. 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.
Vento Bands
The 2024 annual update to the Vento guidelines (which give ranges for injury to feelings awards in discrimination cases, depending on severity) have been published.
In respect of claims presented on or after 6 April 2024, the Vento bands are:
- a lower band of £1,200 to £11,700 (less serious cases);
- a middle band of £11,700 to £35,200 (cases that do not merit an award in the upper band); and,
- an upper band of £35,200 to £58,700 (the most serious cases), with the most exceptional cases capable of exceeding £58,700.
While this is a GB case, Vento is persuasive in NI and regularly applied in discrimination cases here to assess quantum.
https://danielbarnett.com/wp-content/uploads/2024/03/Vento-bands-presidential-guidance-April-2024-addendum.pdf
Redundancy rights on maternity leave: April 2024 changes
The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 extends redundancy rights so they apply to employees in GB (not in NI):
- from the point an employee informs their employer they are pregnant
- until 18 months after the expected week of childbirth, the child’s birth date, or date of adoption, for employees returning from maternity leave, shared parental leave or adoption leave.
This means that during this period, employees who fall into these categories have the right to be offered suitable alternative employment in a redundancy situation. Personnel Today has more here:
https://www.personneltoday.com/hr/redundancy-rights-on-maternity-leave-family-related-pregnancy-april-2024-changes/
The Code of Practice (Requests for Flexible Working) Order 2024
The revised Code of Practice on requests for flexible working, which has been issued by ACAS under section 199 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c.52), will come into effect 6th April 2024:
https://www.legislation.gov.uk/uksi/2024/429/contents/made
GMB union staff to strike over alleged sexual harassment failures
Staff at one of Britain's biggest trade unions, the GMB, have voted to strike over claims the organisation has failed to act on a report which branded it "institutionally sexist". Karon Monaghan KC was called in to investigate sexual harassment in the GMB in 2020. Employees in the North East of GB say promised reforms have not materialised. More from the BBC:
https://www.bbc.co.uk/news/uk-politics-68631376
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14. Health and Safety Developments
Council and construction company fined following death of worker during Storm-Ali
Following an investigation by the Health and Safety Executive for Northern Ireland (HSENI), Newry, Mourne and Down District Council, and Lagan Construction Limited, Belfast have been fined for breaches of health and safety legislation. The prosecutions followed the death of Matthew Campbell, a 24-year-old electrical engineer, who was struck by a falling tree when working at Slieve Gullion Forest Park. Newry Crown Court, Newry, Mourne and Down District Council was fined £20,000, and Lagan Construction Limited was fined £30,000. Both employers failed to make a suitable and sufficient risk assessment. The Council also failed to ensure, so far as is reasonably practicable, the safety of non-employees. The HSENI has more on this story:
https://www.hseni.gov.uk/news/council-and-construction-company-fined-following-death-24-year-old-worker-during-storm-ali-0
Boeing chief executive Dave Calhoun to leave as firm faces safety crisis
Boeing boss Dave Calhoun will leave at the end of this year amid a deepening crisis over the firm's safety record. The firm is under pressure after an unused door blew out of a Boeing 737 Max in January shortly after take-off. The blowout had tested Boeing's relationships with its airline customers and regulators in Washington, reviving concerns that the company's corporate culture had focused on speed of production ahead of safety. The BBC has more on this story:
https://www.bbc.co.uk/news/business-68656925
HC-One care workers win day-one sick pay
Carers working for HC-One – the UK’s biggest care provider – have accepted a pay deal that gives them the contractual right to at least statutory sick pay (SSP) from the first day of absence. Before this deal, which applies from 1 April 2024, HC-One followed SSP rules that state that workers had to be sick for more than three consecutive days (including non-working days) – known as a “period of incapacity for work”. The GMB union, which negotiated the deal, said this incentivised workers to attend work when ill and risk spreading germs among the elderly people in their care. More from Personnel Today:
https://www.personneltoday.com/hr/hc-one-sick-pay-care-workers-day-one/
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15. Free Webinars This Month
Employment Law at 11 - With O'Reilly Stewart Solicitors
Friday 12th April (11:00am - 11:45am)
Register for the next webinar in the series, during which Christine Quinn from Legal Island will discuss your employment-related questions with Seamus McGranaghan from the employment team at O'Reilly Stewart solicitors.
Join Christine and Seamus and up to 500 participants as they discuss your employment law queries live in our webinar series, “Employment Law at 11”.
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/4142470966176277849?source=WR
Check out previous discussions:
https://www.legal-island.com/resources/any-questions-webinars/
We hope you have a happy Easter and enjoy the long weekend.
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