This week's top 5:
- Nearly half of LGBTQI+ workers face discrimination
- 64% of businesses say rising cost of doing business is a challenge
- What do you do when your employees have a run in with the law?
- Pay rises for 30,000 childcare and early learning workers
- Data breach: Firefighters' conversations recorded without their knowledge
And in other news………….we would like to thank Paul for providing his insightful case reviews week to week for the benefit of us all for the past year. We wish him all the best in the future from all of us at Legal Island!
**Apologies if you didn't receive last week's Friday Round-up. Due to an admin error on our part, you may have been omitted from the email list - apologies! Normal service has resumed, and you can catch up on what you may have missed HERE!**
- Case Law Review
- AI and Employment Law
- Wages
- A third of small businesses would go bust without additional funding
- Industrial action
- Data Protection and cybersecurity
- DEI
- Employment Permit Statistics for May
- Work and Employment Transformations in Ireland: A Review of Labour Market and Workplace Relations Challenges
- Just in Case You Missed It...
- HR Developments
- Employment News in the Media
- Friends of Legal Island
- Free Webinars This Month
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1. Case Law Review
James Quinn v Quinn Motors (Castlecomer) Limited Quinn Motors (ADJ-00041442)
Complainant: James Quinn
Respondent: Quinn Motors
Keywords: Payment of Wages – Unpaid suspension – Status of absence from work
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Summary Sentence: The Complainant’s unpaid suspension during an investigation procedure was found to be an unlawful deduction of wages.
Practical Guidance for Employers: When an employee is out of work, employers need to be very clear on the basis upon which they are out and cannot “re-classify” such periods to be a sanction after the conclusion of a process.
The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/june/james-quinn-v-quinn-motors-castlecomer-limited-quinn-motors-2024/
An Assistant Lecturer v An Institute of Technology (ADJ-00050085)
Complainant: An Assistant Lecturer (Anonymised)
Respondent: An Institute of Technology (Anonymised)
Keywords: Fixed-term work – Probation periods
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Summary Sentence: A lecturer’s 12-month probationary period for a 24-month fixed-term contract was found to be disproportionate and was reduced to six months.
Practical Guidance for Employers: Many standard employment contracts include probation periods which are now in breach of the requirement for probationary periods to be proportionate, and in the private sector, to be a maximum of six months (subject to extension if in the interest of the employee), and such provisions should be changed to avoid risk of litigation.
The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/june/an-assistant-lecturer-v-an-institute-of-technology-2024/
These case reviews were written by Paul Maier BL.
Paul is a barrister based in Law Library in Dublin specialising in the intersection of law and working life. Originally from New Jersey, he moved to Dublin after graduating from Cornell University in 2013 with a BSc. Hons in Industrial and Labor Relations. Paul regularly appears for employers and employees before the Superior Courts, the Labour Court, and the Workplace Relations Commission. In addition to his work for Legal Island, he is a case reporter for the Employment Law Reports and a tutor at the UCD Sutherland School of Law. You can learn more and contact Paul via his website, www.pdmaier.com
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
Developing an AI Strategy : Keeping it Smart. Keeping it Cautious
Barry Phillips shares his views on how to get started on developing a robust AI Implementation Strategy:
Which type of AI user are you?
In the recently published 2024 Work Trend Index Annual Report, Microsoft and Linkedin noted four distinct types of AI user and compiled data on how these groups are shaping the world of work. From the sceptics and novices to the explorers and power users, how an individual chooses to utilse AI undoubtedly has an effect on the broader workplace, so how are these groups applying AI and what does it signal for the future or work? Silicon Republic has more on this:
https://www.siliconrepublic.com/advice/4-different-types-ai-user-shaping-world-of-work
Advanced robotics and AI-based systems for the automation of tasks
Curious about what artificial intelligence is and how it’s transforming our work? These slides from the European Agency for Safety and Health at Work summarise the latest insights and facts on current and potential applications of AI and advanced robotics across different industries. Understand how automation affects occupational safety and health, safety standards and policy-making. Get a glimpse into how these innovations are changing the workplace with real-life case studies spotlighting European companies:
https://osha.europa.eu/en/publications/advanced-robotics-and-ai-based-systems-automation-tasks
Why banning generative AI at work won’t work
IT leader Jamie Moles advises companies to embrace AI by developing tools and processes to use it securely, because this tech phenomenon isn’t going anywhere. Red more:
https://www.siliconrepublic.com/enterprise/banning-generative-ai-at-work-wont-work-cybersecurity-regulation-policy-extrahop
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3. Wages
Pay rises this month for 30,000 childcare and early learning workers
More than 30,000 people working in the childcare and early learning sector are to get pay rises this month after a minimum wage agreement was reached. Under new employment regulation orders, workers will see increases in the minimum rates of pay across various roles, including early years educators and school-age childcare workers who will see rates increased from €13 to €13.65 per hour. Assistant managers will see an increase from €15.70 to €16.49, centre managers from €16.50 to €17.33, and graduate centre managers from €17.25 to €18.11. More from the Irish Examiner:
https://www.irishexaminer.com/news/politics/arid-41408099.html
How much teachers will earn for marking and supervising this year’s Leaving Cert and Junior Cert exams
Teachers could earn up to €11,000 in extra income for marking this year’s Leaving Cert exams after additional fees were introduced as an incentive. In recent years, the State Examinations Commission (SEC) has found the recruitment and retention of teachers for examiner roles challenging. In 2019, 3,448 written examiners marked the work of 123,118 candidates, while in 2022, 2,971 written examiners marked the scripts of 129,155 students. More from the Irish Independent:
https://www.independent.ie/irish-news/education/revealed-how-much-teachers-will-earn-for-marking-and-supervising-this-years-leaving-cert-and-junior-cert-exams/a1368478484.html
Aer Lingus pilots vote on possible strike action after rejecting pay deal
Holidaymakers face a possible Aer Lingus strike in late June or early July as pilots vote on industrial action in a row with the airline. The Irish Airline Pilots’ Association (Ialpa) said it was balloting members in the airline on industrial action as it pursues a claim for pay increases of about 20 per cent. The vote threatens uncertainty for Irish holidaymakers and overseas tourists as Aer Lingus flies millions of passengers between this country, Europe and North America every summer. More from the Irish Times:
https://www.irishtimes.com/business/2024/06/05/aer-lingus-pilots-vote-on-possible-strike-action/
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4. A third of small businesses would go bust without additional funding
One in three small businesses have said they would go out of business within six months without additional funding, a survey from the Small Firms Association (SFA) has found. More than half of the businesses surveyed said that labour (57%) and energy (51%) had contributed to running costs, while 45% said insurance costs and 37% cited an increase in the cost of raw materials. The rising cost of doing business is a challenge faced by 64% of businesses and the single greatest challenge facing small firms with 29% of respondents citing it as their biggest challenge. Business Plus has more on this:
https://businessplus.ie/sme/small-businesses-funding/
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5. Industrial action
SIPTU members in the National Advocacy Service vote for strike action starts 12th June
SIPTU members employed in the National Advocacy Service (NAS), who provide free representation for adults with disabilities across Ireland, have served notice of strike action on their employer to commence on the morning of Wednesday, 12th June and continue until there is a just resolution of their pay dispute. More here from SIPTU:
https://www.siptu.ie/siptu-members-in-the-national-advocacy-service-vote-for-strike-action/
Mental health and psychiatric nurses to ballot on strike action today over HSE recruitment ban
Mental health and psychiatric nurses are balloting on strike action over the HSE’s “refusal” to lift a recruitment ban. The Psychiatric Nurses Association claims that health service management will not exempt mental health services from an embargo on hiring that was introduced in November last year. More from the Irish Independent:
https://www.independent.ie/irish-news/mental-health-and-psychiatric-nurses-to-ballot-on-strike-action-today-over-hse-recruitment-ban/a1420083171.html
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6. Data Protection and cybersecurity
Wicklow County Council refers itself to data watchdog after dashcams recorded firefighters for years
Wicklow County Council has referred itself to the Data Protection Commissioner after confirming that dashcams fitted to the cabs of appliances based in four stations were recording members of the local fire service over a prolonged period without their knowledge. The council said the dashcams had been fitted to vehicles by an outside contractor at the request of station managers on safety grounds. However, council officials had initially been unaware of the device’s ability to record conversations between firefighters in the cabs. More from the Irish Times:
https://www.irishtimes.com/ireland/2024/06/01/wicklow-county-council-refers-itself-to-data-watchdog-over-firefighter-recordings/
AI will increase the quantity — and quality — of phishing scams
Anyone who has worked at a major organization has likely had to do training on how to spot a phishing attack — the deceptive messages that pretend to be from legitimate sources and aim to trick users into giving away personal information or clicking on harmful links. Phishing emails often exploit sensitive timings and play on a sense of urgency, such as urging the user to update a password. But unfortunately for both companies and employees, gen AI tools are rapidly making these emails more advanced, harder to spot, and significantly more dangerous, reports Harvard Business Review:
https://hbr.org/2024/05/ai-will-increase-the-quantity-and-quality-of-phishing-scams
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7. DEI
Nearly half of LGBTQI+ workers face discrimination — how do we turn the tide?
New data from Randstad’s Workmonitor Pulse Survey shows equity, diversity, inclusion and belonging (EDI&B) initiatives and policies have gone some way to enabling LGBTQI+ workers to be themselves at work. 51% of global respondents believed their employers have taken meaningful action to create an inclusive workplace for all. However, feeling uncomfortable at work has caused around one in three to quit their job, while 43% think not being themselves at work impacts their motivation and productivity, which should raise a red flag for employers:
https://www.randstad.co.uk/market-insights/future-work/nearly-half-lgbtqi-workers-face-discrimination/
Many companies unsure they support neurodivergent staff
A new VinciWorks survey among 227 compliance and HR professionals sheds light on a concerning reality: a significant gap exists between stated intentions and actual practices regarding neurodiversity in the workplace. A worrying 40% of respondents are unsure if their organisations are truly neurodiversity-friendly. Nearly a quarter (23%) believe their workplaces lack active support for neurodivergent employees. More from HR Director:
https://www.thehrdirector.com/business-news/diversity-and-equality-inclusion/many-companies-unsure-support-neurodivergent-staff/
Menopause support scheme aims to help firms retain staff
A new accreditation scheme is being introduced for Irish firms to support employees coping with debilitating menopause symptoms and help retain staff. The independent programme, run by the Menopause Hub Academy, will recognise organisations that actively support and accommodate employees enduring such symptoms. Menopause Hub founder Loretta Dignam said organisations can “significantly improve” the wellbeing and morale of menopausal employees by addressing the physical, emotional and psychological challenges they face. The Irish Independent has more on this:
https://www.independent.ie/business/irish/menopause-support-scheme-aims-to-help-firms-retain-staff/a417692676.html
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8. Employment permit statistics for May
Statistical tables and company listings for 2024. The list details companies issued with permits from the beginning of the year up until the last day of the previous month. Read in full:
https://enterprise.gov.ie/en/publications/employment-permit-statistics-2024.html
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9. Work and Employment Transformations in Ireland: A Review of Labour Market and Workplace Relations Challenges
The WRC commissioned the University of Limerick, to carry out a piece of research on Work and Employment Transformations in Ireland: A Review of Labour Market and Workplace Relations Challenges. Key themes emerged such as impact of inflation, climate change, technology and recruitment and retention on the labour market. Read the Report here:
https://www.workplacerelations.ie/en/news-media/workplace_relations_notices/the-future-of-work-.html
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10. Just in Case You Missed It...
Collective Redundancies: What are the obligations to inform and consult?
Tara Smyth, associate in A&L Goodbody's Employment group outlines key steps for employers who are considering redundancies:
https://www.legal-island.ie/articles/ire/features/q-and-a/2024/june/collective-redundancies-what-are-the-obligations-to-inform-and-consult/
Not Part of the Job: Rejecting Sexual Harassment at Work
Ciara O'Kennedy, Partner at LK Shields Solicitors LLP, and Victoria Smith from Legal Island looked at the under-reported issue of sexual harassment and how hostile work environments can allow inappropriate behaviour to happen. If you missed it, you can catch up here:
https://www.legal-island.ie/articles/ire/resources/webinars/2024/may/not-part-of-the-job-rejecting-sexual-harassment-at-work/
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11. HR Developments
What to do when your employees have a run in with the law
Susie Lockhart outlines the best approach for employers to take when an employee gets entangled in the criminal justice system outside of work in this article from People Management:
https://www.peoplemanagement.co.uk/article/1874977/when-employees-run-law
Are you burning out? Here are the signs to watch out for...
This article from the Journal looks at the signs of burnout and what employers can do to improve the working culture of an organisation that will protect the mental health and wellbeing of employees and help prevent burnout:
https://www.thejournal.ie/readme/burnout-and-work-6391247-Jun2024/
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12. Employment News in the Media
Embattled professor Philip Nolan won a High Court battle temporarily nullifying his sacking by the Science Foundation Ireland. Prof. Nolan, who became a household name during the pandemic, was informed this week he was being removed from his €202,000-a-year job at the SFI, after investigations into allegations made by staff members about his conduct. The professor strenuously denies any wrongdoing. More from Business Plus:
https://businessplus.ie/news/philip-nolan-stay/
Meta Platforms was hit with 11 complaints over proposed changes that would see it use personal data to train its artificial intelligence models without asking for consent, which may breach European Union privacy rules. Advocacy group NOYB (none of your business) urged national privacy watchdogs to act immediately to halt such use, saying recent changes in Meta's privacy policy, which come into force on June 26, would allow it to use years of personal posts, private images or online tracking data for its AI technology. RTÉ has more on this story:
https://www.rte.ie/news/business/2024/0606/1453293-meta-gets-11-eu-complaints-over-use-of-data-to-train-ai/
Close to two-thirds (64%) of employees in Ireland are suffering from productivity anxiety, but 57% said they would feel less anxious if they received proper recognition for their work, a survey from Workhuman has found. While 71% of male employees feel they accomplish more at work when they are in the office, only a third (33%) of women said the same, but women are more likely to work five days a week in the office at 58% versus 30% of men. Work-life balance was highlighted as the most important aspect of workplace wellbeing for 65% of Irish employees, and 31% believe that companies facilitating work-life balance are more successful in fostering employee-employer trust, but there are significant disparities in wellness benefits for men and women. Business Plus has more here:
https://businessplus.ie/news/anxiety-irish-workers/
Solicitor Ammi Burke has been ordered to pay the legal costs incurred in the Court of Appeal by the Workplace Relations Commission (WRC) and her former employer Arthur Cox. Her appeal was dismissed last April, with the Court of Appeal finding the High Court had been justified in throwing out her judicial review mid-hearing when faced with Ms Burke’s “utterly appalling and egregious” behaviour. Ms Burke, of Castlebar, Co Mayo, had wanted the courts to overturn the WRC’s rejection of her complaint alleging she was unfairly dismissed in late 2019 from Arthur Cox, where she was a junior associate. The law firm denied unfairly dismissing her. More from the Irish Examiner:
https://www.irishexaminer.com/news/courtandcrime/arid-41409077.html
A teenage doughnut decorator whose colleague “put his hands on her body” in a “bear hug” and backed her into a corner has been awarded £31,410.91 by a UK employment tribunal for harassment and victimisation. Employment judge Heap ruled that the investigation into the incident by the company, Bugibba Independent, trading as Project Doughnut, was “woefully inadequate” and that it “inexplicably and inappropriately” favoured the perpetrator as well as pressuring Miss Holly Merriman, who was 17 at the time, to “draw a line under matters and move on” reports Personnel Today:
https://www.peoplemanagement.co.uk/article/1875620/teenage-baker-required-trauma-coach-bear-hugged-grabbed-bottom-colleague-awarded-31k-tribunal
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13. Friends of Legal Island
Eversheds Sutherland launches new AI guide
Global law firm Eversheds Sutherland has released an online guide aimed at helping businesses and organisations navigate the complex legal landscape of AI use and its development. All AI-Board is intended to be an accessible, comprehensive guide which offers bite-sized, Board-level insights into key legal issues arising from cybersecurity, data privacy, employment, intellectual property, contracts and procurement, and disputes. Irish Legal News has more here
https://www.irishlegal.com/articles/eversheds-sutherland-launches-new-ai-guide
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14. Free Webinars This Month
MCS Lunch and Learn
12 June 2024, 12 noon – 12:45 p.m.
Join industry experts Ryan Calvert and Rebekah Mulligan from MCS, alongside Julie Holmes from Legal Island, for an eye-opening webinar exploring the latest recruitment trends – and the path to building diverse, inclusive teams. While diversity is pivotal, it's just the beginning of the journey towards true inclusivity. Learn how to kickstart this journey by establishing a robust talent pipeline, then go further by fostering a positive workplace culture that embraces everyone. We'll equip you with strategies tailored for organisations of all sizes, empowering you to create inclusive dream teams that thrive. Get ready to be inspired by real-world examples that will fuel your drive to lead change and transform your workplace into a vibrant, inclusive environment. Plus, don't forget to bring your questions to the table – our experts are here to address them!
You can reserve your spot here:
https://attendee.gotowebinar.com/register/2095587136437063770?source=WR+ROI
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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