This week's top 5:

1. Upsurge in hate crimes, racial violence and harassment, facilitated by systemic gaps in legislation
2. Agreement reached on EU platform work directive
3. Minister urged to name date for first auto-enrolment pension contributions
4. New legislation to enhance protection of employees in collective redundancies
5. Businesses are paying a hefty price for high-risk burnout managers

And in other news…………. Barry Phillips takes a moment to ask just how the current AI revolution compares to the Industrial and Digital Revolutions. Listen here!

CONTENTS

1. Case Law Review
2. AI and Employment Law
3. Auto-enrolment
4. Aer Lingus
5. New Legislation
6. DEI
7. Simon Harris: ‘If you’re accused of sexual assault, you need to be suspended from active duty’
8. Upsurge in hate crimes, racial violence and harassment, facilitated by systemic gaps in legislation
9. Cyber expert warns employers that ex-staff are accessing their data
10. Insurance report shows legal costs rising even as awards fall
11. Public consultation on the development of the department’s Statement of Strategy 2024-2025
12. Immigration
13. HR Developments
14. Employment News in the Media
15. Free Webinars This Month

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1. Case Law Review

A Worker v A Policing Organisation

Reference: IR - SC - 00001890

Applicant: A Worker

Respondent: A Policing Organisation

Keywords: bullying, fair procedures.

Summary Sentence: Adjudication Officer concluded that an employer failed significantly in adhering to procedural standards in handling bullying complaint.

Practical Guidance for Employers:  Employers should adhere to strict procedural guidelines when handling workplace complaints, especially allegations of bullying.

The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/july/a-worker-v-a-policing-organisation/

Mark Kelly v Boylesports Limited

Court Ref: [2024] IECC 5

Plaintiff: Mark Kelly

Defendant: Boyle Sports

Keywords: defamation, workplace.

Summary Sentence: Internal Memo defamed the Applicant which led to an award of €7500 plus legal costs.

Practical Guidance for Employers: Employers should exercise caution and due diligence when publishing any internal notices that may defame an individual. To avoid legal repercussions, ensure that any allegations or negative statements are backed by solid evidence and are necessary for protecting business interests. Documentation supporting the basis for such statements should be retained and accessible to demonstrate reasonable grounds for the publication.

The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/july/mark-kelly-v-boylesports-limited/

These case reviews were written by Patrick Barrett BL.

Patrick's legal education is robust, beginning with a BCL Law Degree from University College Cork (2012-2016), followed by an LL.M in Business Law from the same institution (2016-2017), and culminating in a Barrister-at-Law Degree from The Honorable Society of King’s Inns in Dublin (2019-2021). He has extensive experience on the South-West Circuit, handling Civil, Family, and Criminal Law cases, as well as advising the Citizen Advice Service.  He has worked as an employment consultant, dealing with workplace investigations and bankruptcy procedures.

Remember: Our Irish case law reviews are now held in our case law section on our fully-searchable employment law hub website:
https://www.legal-island.ie/employment-law-hub/case-law-search-page/

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2. AI and Employment Law

The AI Revolution. How does it stack up against revolutions of the past?

Barry Phillips takes a moment to ask just how the current AI revolution compares to the Industrial and Digital Revolutions. Listen here:
https://www.legal-island.ie/articles/ire/resources/ai-for-hr-weekly-podcast/2024/july-2024/the-ai-revolution.-how-does-it-stack-up-against-revolutions-of-the-past/

Would having an AI boss be better than your current human one?

Hannu Rauma is a senior manager at a company called Student Marketing Agency. His company recently introduced an AI manager that helps the agency’s employees, who work flexible hours remotely, to set their schedules and plan their workloads in advance. The AI manager checks employee timekeeping, sends them deadline reminders and regular check-in messages, and records the time spent on different clients, so the latter can be billed accurately. “I'm able to focus on the growth of the company and all the positive things. It's added years to my life, I'm sure,” Rauma says. More from the BBC:
https://www.bbc.co.uk/news/articles/c03lgz2zrg1o

Three-Quarters of Irish workers will 'eventually trust' AI to operate autonomously

According to research from software company Salesforce, which surveyed 253 people across Ireland, revealed that Irish workers currently trust AI to do roughly 40% of their work tasks, with 74% believing that they will eventually trust AI to work autonomously from human workers. More from Business Plus:
https://businessplus.ie/industry-type/artificial-intelligence/three-in-four-irish-workers-will-eventually-trust-ai-to-operate-autonomously/

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3. Auto-enrolment

TCS wins pension auto-enrolment contract as bill passes

Tata Consultancy Service (TCS) has been named by the Department of Social Protection as the preferred bidder to manage the pension auto-enrolment system. The win by the firm of the large and lucrative ten year contract follows a public procurement process. More here from RTÉ:
https://www.rte.ie/news/business/2024/0704/1458075-tcs-wins-pension-auto-enrolment-contract-as-bill-passes/

‘Historic’ pension Bill passes with only Minister for Social Protection and Ceann Comhairle in Dáil chamber

Minister for Social Protection Heather Humphreys and Ceann Comhairle Seán Ó Fearghaíl were the only Dáil members present on Wednesday night as “historic” legislation on automatic pension enrolment was passed. Ms Humphreys brought 88 amendments that the Seanad had made to the Automatic Enrolment Retirement Savings System Bill, legislation the Minister said had taken “nearly 30 years to get this far”. More from the Irish Times:
https://www.irishtimes.com/politics/oireachtas/2024/07/04/historic-pension-bill-passes-with-only-minister-for-social-protection-and-ceann-comhairle-in-dail-chamber

Minister urged to name date for first auto-enrolment pension contributions

The Dáil has passed the Automatic Enrolment Retirement Savings System Bill and will now go to the President to be signed into law. Welcoming the landmark social policy, Irish Congress of Trade Union general secretary Owen Reidy said: “Tonight is a defining moment in bringing an end to our failed voluntary approach to pensions saving. Future generations of workers can now be spared from seeing their income and living standards plummet in retirement. After decades of delay, it is vital to maintain momentum. The Minister must name the date for the first auto-enrolment pension contributions. This legislation cannot be left to sit on a shelf gathering dust” he said.” The full ICTU statement is here:
https://www.ictu.ie/news/minister-urged-name-date-first-auto-enrolment-pension-contributions

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4. Aer Lingus

No further strikes while Aer Lingus pilots await Labour Court ruling

Aer Lingus pilot representatives have officially ruled out more strikes while both sides await the Labour Court’s recommendation to resolve a row that has grounded almost 500 flights. Ialpa has told its members it will not ramp up an ongoing work-to-rule during the latest attempt to end the dispute, which involves the State’s “court of last resort” for industrial relations. More from the Irish Independent:
https://www.independent.ie/irish-news/no-further-strikes-while-aer-lingus-pilots-await-labour-court-ruling/a343777316.html

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5. New legislation

New legislation to enhance protection of employees in collective redundancies

The Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 came into effect on Monday 1 July.  The legislation further enhances the protection of employees in a collective redundancy situation following their employer’s insolvency and also provides for the establishment of a new statutory Employment Law Review Group which will advise the Minister on all aspects of employment and redundancy law:
https://enterprise.gov.ie/en/news-and-events/department-news/2024/june/280620241.html

Eversheds Sutherland offers their insight on the changes here:
https://www.eversheds-sutherland.com/en/ireland/insights/ireland-enhanced-protections-for-employees-and-creditors

Agreement reached on EU platform work directive

The workers who provide these services for the platforms (such as delivery drivers and chauffeurs) are often wrongfully categorised as self-employed. In several EU countries, false self-employment is seen as a problem that needs to be addressed. Therefore, an agreement was recently reached between European ministers of social affairs and employment on a Platform Work Directive. The aim of this directive is to improve working conditions in platform work, provide more effective data protection measures for platform workers, and counter false self-employment.  Ius Laboris has more here:
https://iuslaboris.com/insights/agreement-reached-on-eu-platform-work-directive/

EY sounds warning for sustainability reporting as deadline looms

EY has warned that many more firms will be liable to publish sustainability reports as new EU legislation is transposed into Irish law. The Corporate Sustainability Reporting Directive (CSRD) will be signed into Irish law this Saturday (6 July) and will extend the scope of sustainability reporting and the number of companies who are obliged to do so reports Business Plus:
https://businessplus.ie/news/ey-sustainability-reporting/

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6. DEI

LGBT employees on how the workplace became more accepting

Donna McAnallen was dismissed from Brookfield Holiday Village in 1993 where she worked as a fitness instructor and lifeguard.  McAnallen took it in her stride because these sorts of incidents happened to gay people. Later, encouraged by others, she took a case for unfair dismissal and won a victory of sorts: the Labour Court said she had been unfairly treated but found there was nothing in legislation at the time to prevent her employer discriminating against her on grounds of sexual orientation. In this Irish Times article, Donna reflects on what progress has been made:
https://www.irishtimes.com/business/work/2024/06/29/its-better-than-a-dig-in-the-face-lgbt-employees-on-how-the-workplace-became-more-open/

SIPTU launches new gender inclusive language toolkit

To mark Pride 2024, SIPTU has launched a new Gender Inclusive Language Toolkit, developed by the Union’s National Equality Committee:
https://www.siptu.ie/siptu-launches-new-gender-inclusive-language-toolkit/

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7. Simon Harris: ‘If you’re accused of sexual assault, you need to be suspended from active duty’

If someone is accused of sexual assault, they “need to be suspended from active duty” until the matter is resolved, according to the Taoiseach.  Speaking on The Anton Savage Show, Simon Harris said Ireland must maintain its ‘zero-tolerance’ approach to sexual-based violence. There have been increased discussions around gender-based violence following the suspended sentence of soldier Cathal Crotty. Mr Harris said there are already regulations that say if someone is convicted and given a suspended sentence, they can be dismissed. More from News Talk:
https://www.newstalk.com/news/simon-harris-if-youre-accused-of-sexual-assault-you-need-to-be-suspended-from-active-duty-1740300

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8. Upsurge in hate crimes, racial violence and harassment, facilitated by systemic gaps in legislation

In a submission to the European Commission against Racism and Intolerance (‘ECRI’), the Irish Human Rights and Equality Commission (‘the Commission’), highlighted a frightening and persistent rise in intolerant attitudes towards immigrants, Travellers, Roma and transgender people throughout Ireland. The Commission highlighted how the growth of far-right ideology, leading to events like the Dublin riots, has been facilitated by systemic gaps in the protection against racism and intolerance in Ireland. Recent statistics published by An Garda Síochána show there has been a 12% increase in hate crime and hate related incidents reported in Ireland between 2022 and 2023. Meanwhile, the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 has failed to progress in the Seanad since June 2023. More from IHREC:
https://www.ihrec.ie/upsurge-in-hate-crimes-racial-violence-and-harassment-facilitated-by-systemic-gaps-in-legislation/

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9. Cyber expert warns employers that ex-staff are accessing their data

HCS, a leading IT, cybersecurity, and digital transformation services company, shared results of new research which found that nearly a fifth of office workers in Ireland still have access to the company data of a previous employer. 43 per cent say that in the job they have now, they have access to privileged or sensitive company data that they shouldn’t, and 52 per cent of these admit that they access it. It is perhaps not surprising, then, that 61 per cent of office workers don’t trust their employer to protect their own personal data. More from Sync NI:
https://syncni.com/article/12133/nearly-a-fifth-of-office-workers-in-ireland-have-access-to-company-data-of-a-previous-employer

You can download the report here:
https://www.hcs.ie/cyberwatch/

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10. Insurance report shows legal costs rising even as awards fall

The legal cost of taking claims to court has increased even as the level of damages awarded has decreased, according to a new report on employers’ and ¬public liability insurance. It found that between 2020 and the first half of 2023 there was an 8pc decrease in compensation awards but an 18pc increase in legal costs when claims were litigated. More from the Irish Independent:
https://www.independent.ie/business/irish/insurance-report-shows-legal-costs-rising-even-as-awards-fall/a1794424793.html

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11. Public consultation on the development of the department’s Statement of Strategy 2024-2025

The Department of Enterprise, Trade and Employment (DETE) is currently seeking input on the development of its new Statement of Strategy to cover the period 2024-2025 to lead on sustainable economic development through the creation and maintenance of high-quality employment. The closing date for receipt of submissions is 5pm, 24 July 2024 and you can find out more here:
https://www.gov.ie/en/consultation/7ef40-public-consultation-on-the-development-of-the-departments-statement-of-strategy-2024-2025/

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12. Immigration

Employment permit statistics – June

The list details companies issued with permits from the beginning of the year up until the last day of the previous month:

• Health & Social Work Activities - 6,809
• Information & Communication Activities - 3,282
• Agriculture, Forestry & Fishing  - 1,859

More here:
https://enterprise.gov.ie/en/publications/employment-permit-statistics-2024.html

Immigration and global mobility update

Ireland, Italy and Germany are all making immigration easier for highly skilled workers. Meanwhile, Finland is upping the income threshold for certain migrants, whilst Slovakia is extending its visas for those in construction, agriculture, hospitality and tourism. The Czech Republic is offering long-term residence permits for Ukrainian refugees, whilst Ukraine itself is busy introducing compulsory examinations for those wishing to obtain Ukrainian citizenship. More from Ius Laboris:
https://iuslaboris.com/insights/immigration-and-global-mobility-update-no-36-june-2024/

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13. HR Developments

Poor data capabilities and lack of tech awareness are undermining HR’s strategic role

The Talent Labs has just launched new research today that shows that poor data and analytics capabilities are undermining effective people strategies. Although 32% of HR leaders acknowledge data, technology and AI will significantly shape people strategy in the next five years, just 26% say these elements are influencing their people strategy today. Only 2% believe external technology developments are impacting their business and people requirements overall. More from HR Director:
https://www.thehrdirector.com/business-news/data-analytics/poor-data-capabilities-lack-tech-awareness-undermining-hrs-strategic-role/

Businesses are paying a hefty price for high-risk burnout managers

Key findings based on an analysis of a Workday survey data from 2.6 million employees across more than 850 companies and 12 industries around the world include:

• 27% of employees are at high risk of burnout.
• 33% of managers at organisations with high burnout risk fall into the high risk category themselves, compared to 15% at organisations with low burnout risk. In other words, managers at high-risk organisations are two times as likely to be at risk of burnout.
• Employees at high risk organisations, managed by someone with high burnout risk, are 19% more likely to be at risk of burnout themselves.

HR Director has more here:
https://www.thehrdirector.com/business-news/the-workplace/busineeses-paying-hefty-price-high-risk-burnout-managers/

Benefits of outdoor spaces for employees

As an employer, you want to create a work environment that supports this to improve overall job satisfaction, boost productivity, and create a positive atmosphere. In recent years, a popular trend to emerge has been creating an outdoor space for your employees. This article from  Wales 247 will explore a few of the main benefits of outdoor spaces for employees and how you can create a nice outdoor space for your team:
https://www.wales247.co.uk/benefits-of-outdoor-spaces-for-employees

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14. Employment News in the Media

With Labour, as predicted, winning the UK General Election during a dramatic night in UK politics, employers’ minds will immediately turn to the party’s policies and how and when they will be implemented. The UK Labour party plans to address issues such as insecure work, low pay, and exploitative contracts and pledges to “move towards” a simpler two-part employment status framework under its New Deal, much of which it has set out to implement in its first 100 days in power. More from Personnel Today:
https://www.personneltoday.com/hr/labour-government-sets-out-to-deliver-bold-employment-agenda/

Just one fine has been issued to a restaurant or hospitality business under legislation designed to regulate and safeguard staff tips and gratuities since its enactment two years ago. A spokeswoman for the department said that since the introduction of the regulations the inspectorate and enforcement services division of the Workplace Relations Commission (WRC) has issued one fixed payment notice in respect of a failure by a Dublin-based employer to display a tips and gratuities notice. The WRC has been tasked with overseeing the new rules reports the Irish Times:
https://www.irishtimes.com/business/2024/07/01/only-one-food-service-business-fined-under-new-staff-tips-legislation/

Galway-based recruitment agency ICE has celebrated its fifth year of a four-day-week, which it says has boosted employee morale and profitability. ICE was the first Irish firm to implement the four-day week in 2019, and said that more than 20% of employees reported having dealt with problems better, an increase from 54% in 2019 to 75% in 2024. More from Business Plus:
https://businessplus.ie/jobs/ice-four-day-week/

An Irish Rail worker who was fired after he was convicted of moving drugs in a company van has been awarded almost €50,000 for unfair dismissal by the Workplace Relations Commission. Adjudicating officer Michael McEntee said that the tribunal was left to deliver a "Judgement of Solomon" in the case, after noting that rail bosses did not accept the findings of an internal investigation that the employee should not be dismissed. RTÉ has more here:
https://www.rte.ie/news/business/2024/0703/1458042-irish-rail-employee-awarded-47-000-for-unfair-dismissal/

Up to 200 jobs are at risk in Drogheda after medical tech firm Becton Dickinson (BD) are to close their operations at their site in the Co Louth town. The Dáil was told the BD site is the only plant which is backed by Ireland’s Foreign Direct Investment Agency (IDA) in Drogheda and could uproot the lives of the highly-skilled workers in the town, forcing them to seek work in Dublin. More from the Journal:
https://www.thejournal.ie/becton-dickinson-bd-to-close-in-drogheda-6426024-Jul2024/

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15. Free Webinars This Month

Horizon Scanning with Duncan Inverarity, Partner A&L Goodbody

If you missed our previous webinar, never worry!

We are delighted to announce that the Annual Review of Employment Law is set to return in-person at Aviva Stadium, Dublin and online once again this year – make sure to mark the on 12th November 2024 in your diary! In the meantime, Duncan Inverarity of A&L Goodbody and Legal Island’s Victoria Smith gave a sneak preview of the issues you need to be aware of to future-proof your organisation. Duncan provided his expert insights on what legal issues employers will need to deal with in 2024/25.You can listen to the recording here:
https://www.legal-island.ie/articles/ire/resources/webinars/june/horizon-scanning-with-duncan-inverarity-partner-al-goodbody-llp/

All of our Legal Island webinar recordings and searchable transcriptions are posted online within this section of our employment law hub and are available to stream and research:
https://www.legal-island.ie/resources/webinar-recordings/

Enjoy the weekend.

Legal-Island

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