This week's top 5:
- 95% of IT leaders in the UK and Ireland say stress impacts their staff retention
- Gen Z unlikely to work for companies that withdraw support for the LGBTQ+
- €170,000 to senior Irish executive following a ruling of unfair dismissal
- Smoking: Are employers afraid to stamp it out and are non-smoking work-mates the real butt of the joke?
- Lewis Silkin and Legal Island Comparative Law - updated and refreshed!
And in other news…………. Barry Phillips reviews Apple’s big announcements this week which confirms it’s a major AI player after all. Listen to his podcast below for the latest developments.
- Case Law Review
- Lewis Silkin and Legal Island Comparative Law - updated and refreshed!
- AI and Employment Law
- Wages
- BP tightens workplace relationships policy after Looney dismissal
- Recruitment & Retention
- ESG
- Just in Case You Missed It...
- HR Developments
- Health & Safety Developments
- Employment News in the Media
- Free Webinars This Month
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1. Case Law Review
Shane Guilfoyle v Anglo Irish Refrigeration
Adjudication Reference: ADJ-00045471
Complainant: Shane Guilfoyle
Respondent: Anglo Irish Refrigeration
Keywords: Unfair Dismissal of Cork Engineer: Company Fails in Fair Process, Unlawful Wage Deduction, Leading to Compensation Award.
Summary Sentence: The Complainant succeeds in a case for unfair dismissal and unlawful wage deduction, receiving €4,000 in compensation after the company failed to follow fair procedures.
Practical Guidance for Employers: Employers should ensure fair and transparent disciplinary processes, providing adequate notice and representation for employees. Conduct thorough investigations incorporate documented outcomes and follow established procedures. Unauthorised wage deductions, like the €1,471 in this case, are unlawful without explicit consent and a contractual basis.
The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/june/shane-guilfoyle-v-anglo-irish-refrigeration/
[A Complainant] V [A Media Company]
Adjudication Reference: ADJ-00043525
Complainant: A Complainant
Respondent: A Media Company
Keywords: Discrimination, family status, promotion competition, maternity leave, fair process, assessment discrepancies, unbiased employment decisions
Summary Sentence: The Complainant faced discrimination based on family status in a promotion competition after maternity leave, despite a fair process. Comments from management, as well as assessment discrepancies, led to a €30,000 compensation award, underscoring the need for unbiased employment decisions.
Practical Guidance for Employers: Employers should ensure fair and transparent promotion processes, adhering to objective criteria to avoid discrimination allegations. Managers should refrain from making potentially biased comments, particularly regarding parental leave. Prompt and supportive communication with unsuccessful candidates is crucial to maintain trust. Legal precedents emphasise the need for evidence-based assessments and impartial decision-making to mitigate discrimination risks. This case underscores the significance of proactive measures, such as equality training, to uphold a discrimination-free workplace culture.
The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/june/a-complainant-v-a-media-company/
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. Lewis Silkin and Legal Island Comparative Law - updated and refreshed!
The Lewis Silkin and Legal Island Comparative Employment Law Table outlines the key differences between GB, NI and ROI employment laws as of 10th June 2024.
The purpose of this re-vamped table is to provide a handy reference guide to the key similarities and differences across the 3 jurisdictions, together with a ‘look forward’ section to potential or expected developments. Links to relevant legislation, articles and other documents are included in the hope that this will assist you to understand and deal with the differences in employment law developments in GB, NI and ROI. Find it here:
https://www.legal-island.ie/articles/ire/features/comparative-employment-law-ireland-ni--gb/comparative-employment-law-ireland-northern-ireland-and-great-britain/
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3. AI and Employment Law
Apple this week announces its AI for the People with ChatGPT thrown in…
Barry Phillips reviews Apple’s big announcements this week which confirms it’s a major AI player after all.
Artificial Intelligence: Friend or Foe
A series of reports examining the potential impact Artificial Intelligence will have on the Irish economy and labour market from the Department of Finance and the Department of Enterprise, Trade and Employment. The reports consider the benefits of AI, how AI could impact the economy and the potential impact of AI on the Irish labour market:
https://www.gov.ie/en/publication/6538e-artificial-intelligence-friend-or-foe/
UK lawyers back self-regulation of AI use
A survey commissioned by Thomson Reuters found that 48 per cent of lawyers in UK firms and 50 per cent of UK in-house lawyers support self-regulation, with 36 per cent of lawyers in firms and 44 per cent of in-house lawyers backing government regulation. The same survey in the US found even lower support for government regulation, with only 26 per cent backing in the US and Canada, the English Law Society Gazette reports. Irish Legal News has more:
https://www.irishlegal.com/articles/uk-lawyers-back-self-regulation-of-ai-use
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4. Wages
Study to assess abolishing sub-minimum wage rules for teenage workers
An assessment of the economic impact of abolishing sub-minimum wage rates for teenage workers is to be commissioned by the Government after the Low Pay Commission (LPC) recommended doing away with the reduced rates. The LPC recommends abolishing the reduced rates at some point after the start of next year but suggests there should be subsequent reviews of the impact after two and four years so as to establish whether there has been an adverse impact, especially in relation to workers under the age of 18. More from the Irish Times:
https://www.irishtimes.com/business/work/2024/06/11/study-to-assess-abolishing-sub-minimum-wage-rules-for-teenage-workers/
The Low Pay Commission report is available on the Low Pay Commission website at:
https://www.gov.ie/en/collection/9f6d7b-low-pay-commission-publications/#2024
Talks between Aer Lingus management and pilots to resume
Talks resumed between Aer Lingus management and pilots in a bid to resolve a pay dispute that could lead to strike action at the airline. On Wednesday, members of the Irish Airline Pilots' Association (IALPA) at Aer Lingus voted overwhelmingly in favour of industrial action, up to and including the withdrawal of labour. RTÉ has more here:
https://www.rte.ie/news/2024/0613/1454498-ialpa-aerlingus/
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5. BP tightens workplace relationships policy after Looney dismissal
BP employees must disclose any intimate relationships with colleagues or risk losing their jobs, the oil major told staff in a policy update, following the sacking of former CEO Bernard Looney for failing to do so. The updated policy "prohibits employees from directly or indirectly managing relatives or those with whom they're in an intimate relationship," according to the memo. RTÉ has more here:
https://www.rte.ie/news/business/2024/0610/1453936-bp-tightens-workplace-relationships-policy/
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6. Recruitment & Retention
IT leaders in the UK and Ireland agree stress impacts their staff retention
An overwhelming 95% of IT leaders in the UK and Ireland say stress impacts their staff retention. This is exacerbating the talent shortage within the industry, with 41% of businesses citing a lack of skilled personnel as the main challenge in managing and responding to cyber threats, according to research from cybersecurity firm SenseOn. The research, which surveyed 250 Heads of IT at UK&I companies with more than 500 employees also found, perhaps unsurprisingly, that IT leaders are looking to technology to help solve this problem. But many appear to be searching for a quick-fix solution, rather than a lasting and effective partner. Tech Central has more on this story:
https://www.techcentral.ie/it-leaders-in-the-uk-and-ireland-agree-stress-impacts-their-staff-retention/
Builders ramp up recruitment as number of housing starts increases
Fears of skills shortages holding back housing plans appear to have been misplaced, as recruitment ramps up at an accelerated pace in tandem with new orders. Monthly Construction Sector data published shows sustained growth of employment, with staffing levels up for the sixth month running in response to higher new orders. The Irish Independent has more here:
https://www.independent.ie/business/irish/builders-ramp-up-recruitment-as-number-of-housing-starts-increases/a290014469.html
Why candidate fraud is a risky business
With the cost of living crisis adding to the woes of individuals and household budgets, it’s not surprising that jobseekers are trying every trick in the book to land that coveted job. But while gently “bending the truth” may be commonplace, providing fake IDs and falsifying documents poses a far more serious threat. This article from the Global Recruiter looks at carrying out Right to Work and other background checks to prevent the fraudsters from slipping through the net:
https://www.theglobalrecruiter.com/taken-on-trust/
Strike suspended at National Advocacy Service
SIPTU members employed at the National Advocacy Service (NAS) have suspended their strike action following agreement on the implementation of a Labour Court recommendation concerning pay and conditions. SIPTU said that the current pay and conditions for staff were resulting in an inability to recruit new workers and were seeing experienced staff leaving reports RTÉ:
https://www.rte.ie/news/2024/0612/1454258-nas-strike/
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7. ESG
Businesses must take stock of sweeping changes to auditing landscape
The focus on Environmental, Social and Governance impact (ESG) has led to the introduction of the Corporate Sustainability Reporting Directive (CSRD), which aims to significantly increase transparency around a company's impact on society and the environment. That will come into effect over the next year and will have a significant impact on businesses from the outset. ESG requirements alone could expand audit workloads by 25-50% - businesses have no choice but to be compliant, which in turn will drive a greater demand for skilled talent. Business Plus has more here:
https://businessplus.ie/news/changes-to-auditing-landscape-tommy-doherty/
Gen Z unlikely to work for companies that withdraw support for the LGBTQ+
Research by myGwork’s of over 2,000 students and recent graduates around the world reveals that eight out of 10 LGBTQ+ Gen Zers are reluctant to join companies that have recently withdrawn support for the LGBTQ+ community. This underscores the importance for employers to carefully consider the consequences of retracting LGBTQ+ support. Employers must work harder to offer consistent, unwavering support for LGBTQ+ inclusion if they are serious about attracting a diverse workforce. More from HR Director:
https://www.thehrdirector.com/business-news/diversity-and-equality-inclusion/gen-z-unlikely-work-companies-withdraw-support-lgbtq/
IKEA in the spotlight: Flatpack furniture linked to ‘systematic destruction’ of Romanian forests
IKEA has been accused of contributing to the rapid deterioration of Romania’s biologically rich forests. Two recent investigations reveal the impact of the flatpack furniture giant on the country’s Carpathian mountains, one of Europe’s largest remaining areas of primary and old growth forests. According to a Greenpeace report, more than 50 per cent of Romania’s ancient forests have disappeared in the past 20 years, due to corruption and poor law enforcement. More from Euronews:
https://www.euronews.com/green/2024/06/09/ikea-in-the-spotlight-flatpack-furniture-linked-to-systematic-destruction-of-romanian-fore
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8. Just in Case You Missed It...
Smoking in the workplace
Are employers afraid to stamp it out and are non-smoking work-mates the real butt of the joke? Damien McCarthy, Founder of HR Buddy, looks at the issue of smoking in the workplace:
https://www.legal-island.ie/articles/ire/features/supplementary/2024/june/how-to-tackle-smoking-in-the-workplace/
How to: Meet time limits for Complaints to the WRC
Dr. Gerry McMahon, M.D at Productive Personnel Ltd., is back with the next instalment in his practical "How to" series, this time discussing the issue of ‘out of time’ or late complaints which frequently surfaces in Workplace Relations Commission (WRC) proceedings:
https://www.legal-island.ie/articles/ire/features/how-to/2024/june/how-to-meet-time-limits-for-complaints-to-the-wrc/
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9. HR Developments
HR ready to jump ship amid C-suite disputes
Octopus Money found that, this year, 62% HR professionals have faced increased pressure to mediate a disconnect between employees and the C-suite. The research also suggested the C-suite were not focused on retention, as 42% cited their main priority as the cost of running the business. Meanwhile 42% of the C-suite agreed their benefits were ineffective at retaining talent and 31% claimed this was because employees had not tried to understand them. However 80% of employees said they do understand benefits but failed to see the added value. HR Magazine has more here:
https://www.hrmagazine.co.uk/content/news/hr-ready-to-jump-ship-amid-c-suite-disputes
Stress bragging: what is it and what should HR do about it?
Study shows employees seeing stress as a ‘badge of honour’ is contributing to toxic workplace cultures, while commentators fear the term will be used to ‘silence’ those who are struggling. More from People Management:
https://www.peoplemanagement.co.uk/article/1876028/stress-bragging-what-hr-it
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10. Health and Safety Developments
Digital technology: good practice awards
For workers and employers in so many workplaces, digital technology offers increased opportunities, but can also present greater challenges and risks in terms of safety and health. The key aim of the Good Practice awards is to raise awareness of related safety and health issues and share best practice examples. Coordinated by the EU-OSHA, the judging panel is looking for examples of best practice that demonstrate a holistic approach and real improvements in the management of digital technologies in the workplace. The evaluation criteria include important considerations such as commitment of senior management, worker involvement, sustainability and transferability. Closing date for entries is September 27th 2024. Full details below:
https://www.hsa.ie/eng/news_events_media/news/european_agency_for_safety_and_health_at_work/good_practice_awards/good_practice_awards.html
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11. Employment News in the Media
An employee accused of sending an insubordinate email to nearly 40 staff at a construction firm has claimed that he was sacked without due process by the company. The firm told the Workplace Relations Commission that the mass email amounted to "insubordination", "harassment" and was a "blatant disregard for the company's hierarchies". More:
https://www.rte.ie/news/business/2024/0613/1454589-construction-firm-employee-claims-unfair-dismissal/
RTÉ is negotiating an exit payment of up to €400,000 for an individual, the broadcaster’s new chairman has revealed. Appearing before the Oireachtas Media Committee on Wednesday, Terence O’Rourke said the package had not yet been “signed off” but that the process could end up at a figure of around €400,000. More from Breaking News:
https://www.breakingnews.ie/ireland/rte-negotiating-400000-euro-exit-payment-for-individual-says-chairman-1637607.html
A US multinational software firm has been ordered to pay an award of nearly €170,000 to a senior Irish executive following a ruling of unfair dismissal by the Workplace Relations Commission. The award was made after a US-based in-house lawyer for the company gave evidence and admitted he had not checked Irish employment law before dismissing a redundancy appeal by the sales director, who had been its most senior employee in Europe. Kevin Foley, former senior director of sales for the Europe, Middle East had Asia region (EMEA) at Digital River Ireland Ltd, had claimed the decision to let him go was made in a "sham" process that should never have involved his US-based line manager, whom he alleged had benefited from the move. More from RTÉ:
https://www.rte.ie/news/business/2024/0611/1454127-us-software-firm-ordered-to-pay-170k-to-irish-executive/
A woman who swindled her employer out of more than £23,600 has been ordered to pay back just £7,500 – or face up to two years in prison. Kirsten Alexandra Stevenson was accused of stealing cash from her employer – a shop in Laurencetown – on dates between August 13, 2022 and January 24, 2023. More from Armaghi:
https://armaghi.com/news/craigavon-news/woman-who-swindled-employer-out-of-23600-ordered-to-pay-back-7500/244209
The Irish Human Rights and Equality Commission has provided legal assistance to a person related to the accessibility of communications including appointment letters. The person has a serious visual impairment. He contended that sending him appointment letters by post did not enable him to access health services independently and that such correspondence should be sent to him by email as a reasonable accommodation in light of his disability. With the assistance from the Commission, the person has now settled their claim on terms satisfactory to both parties. In the settlement, the healthcare service committed to use its best endeavours to ensure all communications going forward will be provided in an accessible and durable medium. More from IHREC:
https://www.ihrec.ie/commission-provides-legal-assistance-in-complaint-relating-to-inaccessible-communications-by-a-healthcare-service/
Recruitment firm Indeed is expected to shortly inform staff involved in a redundancy programme selection procedure carried out in recent weeks which of them are to lose their jobs, according to some of those affected by the process. A number of employees are understood to be considering seeking an intervention from the Workplace Relations Commission because of the terms currently on offer. About 170 staff were told they were at risk of losing their jobs as the process got under way, with just under 70 currently employed across the company’s sales, customer service and R & D departments now expected to have their departure confirmed. The Irish Times has more on this story:
https://www.irishtimes.com/business/work/2024/06/09/staff-to-be-impacted-by-redundancies-at-indeed-expect-to-be-told-this-week/
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12. Free Webinars This Month
Horizon Scanning with Duncan Inverarity, Partner A&L Goodbody
25 June from 11 a.m. to 11:45
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 join Duncan Inverarity of A&L Goodbody and Legal Island’s Victoria Smith as they give you a sneak preview of the issues you need to be aware of to future-proof your organisation in this FREE webinar. Duncan will provide his expert insights on what legal issues employers will need to deal with in 2024/25, and Victoria will put YOUR questions to him LIVE!
We’ll be offering you the inside scoop on the Annual Review – you never know, we might reveal some of the topics and experts who’ll be joining us! But most importantly you’ll gain insights into what’s ' on the employment law horizon for Irish businesses.
You can register here:
https://attendee.gotowebinar.com/register/2021814306692339031
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.
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