This week's top 5:

1. There are lots of pledges that could affect the workplace in the upcoming Election...
2. The return to the office should not be fought as a battle
3. EU guidance on successful return to work strategies for cancer patients and survivors
4. Can AI replace the password in 2025?
5. A fifth of organisations believe poor company culture is hindering their ability to hire

And in other news………….For those who attended, we hope you enjoyed our Annual Review this week! It was great seeing so many people join us both online and in person. We want to thank all of our speakers for sharing their expert knowledge with us!

CONTENTS

1. Case Law Review
2. AI and Employment Law
3. Election
4. Cybersecurity
5. Pay
6. Recruitment and retention
7. Employee engagement and support
8. Just in Case You Missed It...
9. HR Developments
10. Health & Safety Developments
11. Employment News in the Media
12. Free Webinars This Month

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1. Case Law Review

Norma Burke v Press Photographers Ireland CLG [2024]

Reference: ADJ-00050540

Applicant: Norma Burke

Respondent: Press Photographers Ireland CLG

Keywords: Discrimination; Gender.

Summary Sentence: A Cautionary Tale in Discrimination.

Practical Guidance for Employers:

In light of the foregoing, employers and membership-based organisations should take steps to ensure their policies and practices do not inadvertently create barriers for particular groups, which may lead to discrimination claims under the Equal Status Act 2000.

• Clear and Inclusive Criteria: Membership or employment criteria should be unambiguous and accessible to all potential applicants. Avoid vague terms like “full-time” without clarifying what it entails, as unclear criteria can lead to misunderstandings and perceived exclusion.
• Regular Policy Reviews for Indirect Discrimination: Assess policies to ensure they don’t indirectly disadvantage certain groups, such as requiring full-time work, which might disproportionately impact women balancing caregiving or education. Ensure that criteria are justifiable, necessary, and promote inclusivity.
• Respectful and Professional Communication: Maintain a professional tone in all interactions. Avoid language that could be interpreted as dismissive or biased, as unintentional slights can lead to claims of perceived discrimination.
• Encouraging Diversity: Consider proactive steps to address gender imbalances, especially in male-dominated fields. Supporting a diverse membership or workforce fosters inclusivity and reduces the risk of discrimination claims.

The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/november/norma-burke-v-press-photographers-ireland-clg-2024/

Lukasz Nowak v Securitas [2024]

Reference: ADJ-00052345

Applicant: Lukasz  Nowak

Respondent: Securitas

Keywords: Force Majeure Leave

Summary Sentence: Employer should have granted force majeure leave for the Complainant's urgent family care needs.

Practical Guidance for Employers:

• Understand Force Majeure Leave: Know that, under Section 13 of the Parental Leave Act 1998, force majeure leave applies when an employee’s immediate presence is urgently needed due to a family member's unforeseeable illness or injury.
• Evaluate Each Case Individually: Assess requests for force majeure leave based on specific circumstances, urgency, and indispensability of the employee’s presence, especially in medical emergencies.
• Provide Clear Communication and Alternatives: If force majeure leave is denied, explain reasons clearly and offer documented alternatives like unpaid leave or annual leave without compelling its use.
• Consult Legal/HR Resources and Follow Case Precedents: When in doubt, seek HR or legal advice and consider case precedents to ensure fair and compliant decision-making.

The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/november/lukasz-nowak-v-securitas-2024/

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

Is it data bias or algorithms that we should be most worried about in the workplace?

This week Barry Phillips asks whether the concern for bias in data used to train LLMs such as ChatGPT is actually misplaced.

https://www.legal-island.ie/articles/ire/resources/ai-for-hr-weekly-podcast/2024/nov/is-it-data-bias-or-algorithms-that-we-should-be-most-worried-about-in-the-workplace/

How AI is transforming HR’s ‘dead data’ problem

As organisations generate an avalanche of daily employee data – people managers face an unprecedented challenge: how to transform all that so-called “dead data” into actionable insights. But recent innovations in AI offer promising solutions for resurrecting that dormant information and converting it into “companion knowledge,” enabling more personalised and effective employee experiences. Take performance reviews as an example: AI systems can now aggregate and analyse multiple data streams — from project management tools, communication platforms and collaborative documents — to create a more comprehensive picture of employee contributions. Instead of relying solely on manager observations or quarterly metrics, the technology can identify patterns in how employees collaborate, their project completion rates and their impact across teams. More from WorkLife:
https://www.worklife.news/technology/how-ai-is-transforming-hrs-dead-data-problem/?

Can AI replace the password in 2025?

The cybersecurity community doesn’t agree on much, but information security professionals agree passwords are hot garbage. The newly published RSA ID IQ report asked more than 2,000 cybersecurity and tech professionals, spread geographically across 62 countries, how often they have to enter their password at work—51% had to do so at least six times a day. Passwords are difficult to remember, easy for hackers to acquire and costly for IT support to manage. But that’s just skimming the surface of the real issue with passwords: most data breaches begin with compromised credentials. More from Forbes:
https://www.forbes.com/sites/daveywinder/2024/11/04/passwords-are-hot-garbage-ai-promises-something-better-in-2025/?ss=digitaltransformation

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3. Election

Fine Gael’s 11% VAT plan branded ‘laughable’ as parties trade insults over election pledges

Fine Gael on Saturday pledged to cut the VAT rate for the hospitality sector to 11 per cent, according to a new party election promise – just weeks after no change was implemented in the budget. Taoiseach Simon Harris set out his party’s plan for businesses at the start of a busy day of campaigning on Saturday, on the morning after formally announcing the general election. The VAT pledge comes just more than a month after the Coalition Government chose not to – despite extensive lobbying from the sector. More here from the Irish Times:
https://www.irishtimes.com/politics/2024/11/09/fine-gael-promises-11-vat-rate-for-hospitality-industry-just-weeks-after-budget/

Green Party leader Roderic O'Gorman wants childcare workers' salaries 'aligned' with teachers

Green Party leader Roderic O’Gorman has said the wages of early childhood educators should be "aligned" with what teachers are paid by the next Government. In an exclusive interview with the Irish Mirror, the Dublin West general election candidate said that he would like this to be achieved over the course of a five-year term in Government:
https://www.irishmirror.ie/news/irish-news/politics/roderic-o-gorman-childcare-salaries-34101217

Double payment of Child Benefit proposed by Fine Gael as Coalition parties launch pro-family election bid

A double payment of Child Benefit every August, ahead of children returning to school, is being pitched by Fine Gael as parties seek to secure precious votes from families. The family vote is seen as key to all parties campaigning in the general election, with commitments across the board to reduce the cost of childcare. This means young families look set to be the big winners from the election, no matter who wins, as all the main parties are committing to introducing a €200-a-month per-child cap on the cost of childcare. More from MSN:
https://www.msn.com/en-ie/news/uknews/double-payment-of-child-benefit-every-august-proposed-by-fine-gael-as-coalition-parties-launch-pro-family-election-bid/ar-AA1tYRrx

Green Party pledges Citizen's Assembly for four-day working week in manifesto

The Green Party has proposed a Citizen's Assembly to examine the costs and benefits of introducing a four-day working week in terms of productivity, wellbeing and finances. If returned to government, the Greens plan to introduce a rate rebates for small businesses. Rates of up to €15,000 would be fully refunded while businesses paying €15,000 to €20,000 would benefit from a 50% refund. You can read more from Business Plus here:
https://businessplus.ie/news/green-party-manifesto/

Fórsa calls for four-day working week in the public sector

Fórsa, the country's largest public sector union, is calling for a four-day working week to be piloted in parts of the public and civil service. The union will launch its General Election manifesto, which also calls on the next government to prioritise pay increases that go beyond rates of inflation, and to protect remote working. Brian O’Donovan from RTÉ explains:
https://www.rte.ie/news/business/2024/1114/1480828-forsa-election-appeal/

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4. Cybersecurity

Amazon employee data stolen by hacker, company confirms

Amazon joins the BBC and Sony in the list of organisations affected by the Moveit file transfer system. The breach exposed information linked to the employees, which ended up on the hacking website BreachForums. According to antivirus company Emsisoft, the Moveit hack has affected more than 95m individuals as of June 2024. You can read more from Silicon Republic here:
https://www.siliconrepublic.com/enterprise/amazon-employee-data-stolen-hack-moveit-breach

NatWest has banned UK staff from using Facebook Messenger and WhatsApp to communicate

One of the UK’s largest banks has banned employees from using instant messaging apps such as WhatsApp, Skype, and Facebook Messenger. NatWest had previously asked workers to ensure they used ‘approved channels’ but has now gone one step further and made messaging platforms inaccessible from company-issued devices. More from Techradar on this:
https://www.techradar.com/pro/security/natwest-has-blocked-staff-from-using-facebook-messenger-and-whatsapp

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5. Pay

Higher minimum rates of pay for workers in Construction Industry following Labour Court recommendation

The Minister of State for Business, Employment and Retail, Emer Higgins, has formally approved a recommendation from the Labour Court for new minimum pay rates, pension rates and sick pay entitlements in the Construction Industry. The minimum rates of pay will increase by 3.4% from the current SEO rates in August 2025, with provision for a further raise of 3.2% in August 2026. The full press release is here:
https://www.gov.ie/en/press-release/d1c45-minister-higgins-approves-higher-minimum-rates-of-pay-for-workers-in-construction-industry-following-labour-court-recommendation/

SI No 620 of 2024 Sectoral Employment Order (Construction Sector) 2024
https://enterprise.gov.ie/en/legislation/si-no-620-of-2024.html

Contract Cleaning - Joint Labour Committee - Proposals for Employment Regulation Order

The Security Industry Joint Labour Committee has formulated proposals to amend Section 1 Part 1 of SI 319 2024 which fixes the minimum remuneration and working conditions of workers. Any person wishing to make representations in the form of written submission in relation to the proposals should do so in the form of written submission by 5pm, on or before, 4th December 2024:
https://www.labourcourt.ie/en/industrial-relations/employment-regulation-orders/security-industry-joint-labour-committee-proposals-for-employment-regulation-order/

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6. Recruitment and retention

Attracting and keeping staff key for larger businesses – survey

Attracting and retaining the best staff has been cited as the top focus area in the next 12 months in a survey of larger businesses. The study was carried out by Censuswide on behalf of engineering, technology and consulting service provider Expleo. In a bid to enhance recruitment, the average medium-to-large-sized enterprise in Ireland will spend €1.7m on company culture in the next 12 months, according to the survey of 150 business and technology leaders. The Expleo Business Transformation Index shows that a fifth of organisations believe that poor company culture or reputation is hindering their ability to hire skilled people. RTE has more here:
https://www.rte.ie/news/business/2024/1112/1480412-larger-businesses-survey/

Global Talent Barometer: Trends

ManpowerGroup releases its Global Talent Barometer with data from over 12,000 workers globally. The Global Talent Barometer reveals:

• 80% of workers report they feel the work they do has meaning and purpose
• 72% feeling aligned with the vision and values of their organisation
• Norway and Sweden demonstrate strong job security, with 80% and 71% of workers respectively feeling secure in their positions for the next six months
• France records one of the lowest Well-Being Index scores at 61%
• 73% of US workers feel secure in their jobs over the next six months

More available here:
https://www.manpowergroup.co.uk/b_manpowergroups-inaugural-global-talent-barometer-one-in-three-uk-employees-plan-to-change-jobs-in-the-next-six-months/

Staff retention in tourism industry ‘less difficult’ for third year in a row, but chef and driver roles hardest to fill

A new Fáilte Ireland report says there is no scope for “easing up” on recent improvements to working conditions due to a tight labour market. The report on tourism careers comes as employers have focused on tackling negative perceptions about the industry. It says additional pay for unsocial hours has “stagnated”, along with employees’ perceptions of working conditions other than wages. More from the Irish Independent:
https://www.independent.ie/irish-news/elections-2024/staff-retention-in-tourism-industry-less-difficult-for-third-year-in-a-row-but-chef-and-driver-roles-hardest-to-fill/a1614622954.html

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7. Employee engagement and support

The return to the office should not be fought as a battle

This article from the Irish Independent looks at how employers can create a welcoming atmosphere, and motivate those hesitant about returning to the office; while honouring the lessons gleaned from remote work:
https://www.independent.ie/business/in-the-workplace/the-return-to-the-office-should-not-be-fought-as-a-battle/a889848886.html

51% wouldn’t consider job that doesn’t offer hybrid working as an option

The 2025 Hays Salary & Recruiting Trends guide, which distils insights from a survey of over 1,150 Irish professionals, found more than half of those surveyed say hybrid working is the most important flexible working option to them when considering a new role, 38% are planning to find a new role in 2025 that is more of a mix of hybrid working, and 51% wouldn’t even consider accepting a job in the future that didn’t have hybrid working as an option. More from Hay’s:
https://www.hays.ie/market-insights/article/top-four-workplace-trends-for-2025

How heavy periods impact workplace productivity — and how to manage menopause

Managing perimenopause symptoms while maintaining a demanding work schedule can be overwhelming. Catherine O’Keeffe, Menopause Workplace Consultant, Wellness Warrior looks at ways employers can support employees:
https://www.businessnews.ie/empowering-women-at-work/how-heavy-periods-impact-workplace-productivity-and-how-to-manage-menopause/

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8. Just in Case You Missed It...

Why mark International Men’s Day?

Why do men need a day dedicated to their wellbeing? As we approach International Men’s Day, it’s clear that despite the gravity of men’s mental health issues, many organisations struggle to recognise the day meaningfully. With high rates of male suicide, homelessness, and educational challenges, this day presents a vital opportunity for awareness, action, and change. Read Andrew Pain's article to explore why it matters and how we can do better:
https://www.legal-island.ie/articles/ire/features/hr/2024/november/why-mark-international-mens-day/

Balancing Impact and Intent: Managing Workplace Behaviour During the Festive Season

As the festive season approaches, understanding the distinction between impact and intent in workplace interactions becomes essential. This article by Zara Mirza from AAB People explores why managing both aspects is crucial and offers practical tips for fostering respect and inclusivity at holiday gatherings.
https://www.legal-island.ie/articles/ire/features/hr/2024/november/balancing-impact-and-intent-managing-workplace-behaviour-during-the-festive-season/

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9. HR Developments

The Future of HR with a focus on experience design and change management

Jason Bloomfield, Global Head of People Change & Experience Design at Ericsson, sheds light on the transformative power of experience design. He explores its role in tackling employee burnout, striking the right balance between AI and the human touch in HR processes, and implementing effective change management strategies in this article from HRD Connect:
https://www.hrdconnect.com/2024/10/31/jason-bloomfield-discusses-the-future-of-hr-with-a-focus-on-experience-design-and-change-management/

Inspiring a generation that doesn’t aspire to climb the career ladder

From the silent generation and boomers, to Gen X and millennials, every generation has experienced the workplace differently, but Gen Z are perhaps the most unique group yet. Conscious unbossing, that is the act of prioritising personal growth over advancing through the ranks, is becoming increasingly popular among younger people. So, how do you inspire Gen Z employees to learn and grow with a business, when they may not aspire to climb the career ladder? More from Silicon Republic:
https://www.siliconrepublic.com/careers/inspiring-generation-doesnt-aspire-to-climb-the-career-ladder-gen-z

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10. Health and Safety Developments

EU Study on Job Retention and Return to Work for Cancer Patients and Survivors

A study by Health and Digital Executive Agency and the European Commission looked at measures at organisational or company level to assist cancer survivors to return to work. This study identifies good practice examples of measures that support job retention and RTW, including measures with a particular focus on young people, women and small and medium-sized enterprises (SMEs). You can download the report here:
https://op.europa.eu/en/publication-detail/-/publication/b6dd313d-8528-11ef-a67d-01aa75ed71a1

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11. Employment News in the Media

The Government has said it expects to meet a deadline today to transpose an EU directive on workers' rights. Unions however have accused the State of not fully implementing the rules by failing to pass new legislation. The EU Directive on Adequate Minimum Wages seeks to reduce working poverty and inequality by improving statutory minimum wages, as well as the promotion of collective bargaining. Read more:
https://www.rte.ie/news/ireland/2024/1115/1481006-workers-rights-directive/

The HSE has been ordered to pay over €11,000 in compensation to a care worker who said she was "never given a proper break" in the course of 26 years' employment at a residential home. Jackie Deevy secured the award on foot of a complaint to the Workplace Relations Commission (WRC after health service management admitted that it had not maintained working time records. It meant the HSE was not entitled to rely on an exemption from the working time legislation, which normally applies to healthcare workers, in defending the claim reports RTÉ:
https://www.rte.ie/news/business/2024/1108/1479958-hse-care-worker-never-given-a-proper-break-in-26-years/

Second-level teachers will hold lunchtime protests next Tuesday to call for a delay in the implementation of changes to Senior Cycle education. The demonstrations, in which teacher unions say more than 30,000 of their members will participate, are in response to a decision to accelerate Senior Cycle redevelopment plans. They have been called by the Association of Secondary Teachers' Ireland (ASTI) and the Teachers' Union of Ireland (TUI) who say teachers are gravely concerned that aspects of the plans pose a threat to education standards, fairness and quality. RTÉ has more here:
https://www.rte.ie/news/education/2024/1112/1480482-teacher-protest/

The European Minimum Wage Directive (2022/2041) adopted in autumn 2022 is the first Europe-wide legal framework to enforce ‘adequate’ minimum wages throughout the European Union. EU member states must transpose the directive into national law by 15 November 2024. The German Federal Government has now officially announced that the requirements of the directive are already fulfilled by existing laws, such as the German Minimum Wage Act and that, in its view, no separate legal amendment is required but this decision is being viewed as highly controversial.  Find out why in this article from Social Europe:
https://www.socialeurope.eu/germanys-minimum-wage-controversy-will-the-eu-directive-be-enforced

Dylan O'Riordan, an autistic cinema manager who quit when his employer was unable to guarantee him two days off in a row following a months-long dispute over rostering arrangements has secured €12,000 in compensation for disability discrimination. The Workplace Relations Commission ordered Omniplex Cork Ltd to pay the sum after hearing the company was in the practice of "arranging suitable shifts" for students and pregnant workers - but made "no such accommodation" for Mr O'Riordan despite an occupational health assessment stating that he needed consistency and rest in his working week reports RTÉ:  https://www.rte.ie/news/business/2024/1112/1480523-autistic-cinema-manager-wins-12-000-in-roster-row/

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12. Free Webinars This Month

In HR and Feeling Like You’ve Missed the AI Revolution? Get up to Speed in Just 30 Minutes!

Tues 19th November, 11am - 11.30am

In thirty minutes, Barry Phillips, CEO of Legal Island and host of the UK’s first podcast on AI specially for HR, will explain what is important to know in AI, to help you catch up and feel right up-to-date. We understand there’s a lot of jargon, hype and hubris about AI and its potential. We cut right through all of this to present you with all you really need to know. We’ll explain where to start with AI and how to make the most of this amazing development for you personally, for your HR team and for your organisation.

Register:
https://attendee.gotowebinar.com/register/4564088602525516377?source=WR

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