5 Must-Knows This Week:

1. Judge leans on AI to sift case files and shape his ruling 🤖
2. 54% quit within 4 months of returning to work – what’s HR’s next move? 📉
3. “15% of the ransom if you let us in” – would your staff take the bait? 🎣
4. Hackers wipe children’s photos and data after nursery attack 💻
5. Speaking up and its impact 📢

In other news................there's still time to join Seamus and Christine for Employment Law at 11 THIS MORNING - register here!

Health and Safety advice during storms and bad weather - Storm Amy: According to the Met Office, a yellow weather warning for wind has been issued for Northern Ireland from 2.00pm Friday 3 October until 12.00pm Saturday 4 October. Employers should assess their work activities and take appropriate precautions. HSE has some helpful guidance.

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1. Annual Review Session of the Week: Balancing Beliefs and Inclusion: Zero Tolerance Tested
2. Case Law Reviews
3. AI and Employment Law
4. Cyber Security
5. Mandatory digital ID to be required for employment checks by 2029
6. Millions of people with health conditions ‘locked out’ of employment, study finds
7. Employee Relations
8. Just in Case You Missed It...
9. HR Developments
10. Employment News in the Media
11. GB Developments
12. Free Webinars This Month

Balancing Beliefs and Inclusion: Zero Tolerance Tested

Zero tolerance on discrimination sounds simple, but recent case law shows it’s anything but.

Join Paul Gillen (Partner & Chair of DEI, Lewis Silkin) as he unpacks the legal tensions between protected beliefs, freedom of expression and inclusive workplace culture.

Key cases covered: Grainger, Forstater, Higgs, and For Women Scotland - with sharp legal insights and practical takeaways for HR teams looking to uphold values while managing legal risk.

It’s almost here! Legal Island’s Annual Review of Employment Law, our flagship event of the year takes place on 13th November, live at the Crowne Plaza Belfast (and online for those who prefer to tune in from afar).

This is the go-to event for HR professionals who want to stay ahead of the curve, get practical insights from leading experts, and connect with peers who are shaping the future of work.

Each week between now and the big day, we’ll shine a spotlight on the must-see sessions in this year’s packed programme.

Don’t miss out.  Check out the full line-up and secure your spot today. More details here.

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Shah v Food Hub Ltd [2025] Case No: 1309075/2022

Summary Description: 

Claimant was unfairly dismissed when he was initially summarily dismissed but the process was run again to look fair after a successful internal appeal.

Claimant: 

Tanveer Shah

Respondent: 

Food Hub Ltd

Practical Guidance for Employers:

The importance of proper process is again driven home here by the Tribunal.  The fact that the claimant was dismissed on the spot and the respondent sought to undo the wrong was clear for the Tribunal to see.  It was clear that the CEO had made a decision, and the process was then being put in place to fit the decision.  This is not a fair nor legal process in these matters.  The Tribunal put it aptly by saying it was ‘window-dressing’. As a result, senior managers should be mindful of the power they can exert within an employer but note that they must ensure that they are following fair process or they could be on the end of a not insubstantial compensation payment from the Tribunal.

Read the Review in full: Shah v Food Hub Ltd [2025]

Cohen v Mahmood [2025] EAT 134

Summary Description: 

An application made by a third party to the proceedings for the release of documents after attending the hearing remotely was refused.

Claimant: 

Elaina Cohen

Respondent: 

Khalid Mahmood

Practical Guidance for Employers:

An interesting, albeit slightly odd, case. The EAT clearly recognises the fact that its decisions and processes can be critiqued but states that as part of that there is no unfettered access to documentation as part of the proceedings for third parties.  The third-party applicant here outlined the principle of open justice but as stated by the Supreme Court in Dring it is for the applicant to demonstrate how the provision of the documents furthers the principle of open justice and the court would have to considerate alongside other measures such as, inter alia, national security and privacy.

Read the Review in full: Cohen v Mahmood [2025]

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These case reviews were written by Jason Elliott BL.  NI Tribunal decisions are available on the OITFET website.

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.

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Judge says he used AI to summarise documents for ruling

A judge has used artificial intelligence (AI) to summarise documents and help him produce his ruling. Judge Christopher McNall in the tax chamber of the First-tier Tribunal (FTT) said he had satisfied himself that the summaries were accurate and that he had not used AI for legal research. “This decision has my name at the end. I am the decision-maker, and I am responsible for this material." Legal Futures has more on this story.

AI for HR Weekly Podcast – with Barry Phillips

This week's episode: At last! A Government backed Paper all about AI in Northern Ireland

This week Barry Phillips reviews a position paper just published about AI in the Northern Ireland workplace.

You can tune into the latest episode right here - or, if you’re on the move, why not take us with you?

Listen on all major platforms: 🎧 Spotify🎧 Amazon Music 🎧 Apple Podcasts

Simply search for “AI for HR Weekly Podcast” and enjoy expert insights anytime, anywhere.

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Hackers delete children's pictures and data after nursery attack backlash

Hackers who attempted to extort a nursery chain by posting stolen images and data about children on the darknet have removed the posts and claim to have deleted the information. But public revulsion at their attack appears to have forced the criminals to backtrack. More from the BBC.

UK government will underwrite £1.5bn loan guarantee to Jaguar Land Rover after cyber-attack

The government has said it will underwrite a £1.5bn loan guarantee to Jaguar Land Rover (JLR) as the carmaker battles the consequences of a recent cyber-attack. JLR had to suspend production at its UK factories for several weeks after being targeted by hackers with the shutdown expected to last until at least 1 October. Access the article here.

Harrods says customers' data stolen in IT breach

Luxury department store Harrods has warned customers their personal data may have been taken in an IT systems breach. It said information like names and contact details of some online customers was taken from the systems of a third-party provider, reports the BBC.

And…

'You'll never need to work again': Criminals offer reporter money to hack BBC

"If you are interested, we can offer you 15% of any ransom payment if you give us access to your PC." That was the message I received out of the blue from someone called Syndicate who pinged me in July on the encrypted chat app Signal. I was being offered a portion of a potentially large amount of money if I helped cyber criminals access BBC systems through my laptop. You can read more about insider threats here.

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Prime minister Keir Starmer announced a mandatory state-issued digital identity will be required for all employment checks before the end of this decade. Downing Street said that, while the electronic document will be needed to complete the Right to Work checks that are legally required for anyone starting a new job, “there will be no requirement for individuals to carry their ID or be asked to produce it” while going about their daily life. More from Public Technology. 

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Around 2.5 per cent of economically inactive long-term sick and disabled people who are out of work make it back into employment each year, a study by social enterprise Timewise found. More than half (54 per cent) of those returning to the labour market left their roles within four months, while 56 per cent of those who did find work ended up in frontline roles such as cleaning, couriering, factory work or care, which are typically physically demanding, inflexible and difficult to manage alongside health conditions. People Management has more.

And if you're interested in learning more about reasonable adjustments to enhance your talent pipeline and stay compliant, check out our Reasonable Adjustments in NI Workplaces: A Legal & Practical Guide event on 14th of October.

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Acas - Building partnerships to improve workplace relations

At an event in Cardiff, key partners shared the unique challenges impacting workplace relations in Wales. Some of the recurring themes included:

•    generational divides in attitudes towards work, rights and identity
•    the need for managers to have better people management skills
•    that formal procedures are the default (fear of managing informally)
•    economic pressures and the effect on pay negotiations

You can read more here.

Speaking up and its impact

Giving employees a voice is not just a nice-to-have — it’s a strategic lever for loyalty, innovation, and retention. But how do you actually get people to speak up, especially in dispersed teams, such as cleaning and security? Listening isn’t always enough as companies need to create psychological safety, build inclusive structures, and prove that feedback leads to action. This article from Professional Security looks at how a company can create a culture where everyone finds their voice, and enjoys the benefits it can bring, not just for employee wellbeing but also for company success. More here.

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HR Interview Series: Jacqueline Canning, Associate Director Culture & Talent at Andras House Hotels

Jacqueline shares her approach to leading with empathy while keeping strategy front of mind. Plus - a rookie hiring blunder she won’t forget! You can catch up here.

H is for home working – where flexibility drives results, but oversight can be tricky!

Homeworking is one of the pandemic’s most enduring legacies. What began as an emergency response has become embedded in the modern workplace. Yet questions are now being asked: is the tide turning? Keara Paterson, HR Manager at AAB shares her thoughts here.

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Employers urged to offer more support for endometriosis sufferers

Employers do not offer enough support for employees with endometriosis or other menstrual health issues, according to new research. Software company Ciphr surveyed HR professionals across the UK on their menstrual health policies, whether they supply free period products at work, and uniform policies. Read here.

Meeting Candidate Expectations in the Skills-First Era

Across sectors, employers report that critical roles stay open for months because the right skills are hard to find. In the UK alone, 79% of hiring employers reported difficulty finding skills for at least some roles (CIPD, Nov 2024).  That pressure is accelerating the move toward skills-first hiring. Rather than filtering candidates by degrees or past job titles, organisations are increasingly focusing on what applicants can actually do. You can find out more in this article from HRD Connect.

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Sir Mark Rowley has said Met police officers who featured in a documentary using racist and misogynistic language and bragging about excessive use of force will face fast-track misconduct hearings within weeks. More.

Boeing has reached a settlement in the wrongful death lawsuit of whistleblower John Barnett, paying out at least $50,000 after the former Boeing employee's suicide in March 2024. Barnett's mother will drop claims that Boeing contributed to his death, which happened amid a retaliation case against the US planemaker. Simple Flying has more.

Healthcare workers in Northern Ireland "will get their pay rise", Stormont's finance minister has said. John O'Dowd told the Northern Ireland Assembly he was working with the health minister "to look for ways for securing the pay uplift". More from the BBC.

A woman who put local GP services in jeopardy when she swindled more than £60,000 from the practice to fund her gambling addiction was handed a suspended jail sentence. The details of the charges disclose how the employee had “fake email accounts and email conversations, for use in the course of or in connection with a fraud” and that she “dishonestly abused her position” by presenting various invoices for payment, all of which contained her bank details. More from Belfast Live.
 
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Labour considering charging workers in GB for employment tribunal claims, sources say

Workers could be charged a fee to take their bosses to court under plans being explored by Labour as it faces pressure from businesses lobbying to water down its landmark changes to employment rights. In a development described by unions as a “disaster”, sources in Westminster said ministers were looking at reviving a proposal made by the last Conservative government to impose fees on employment tribunal claims. More from the Guardian.

GB Employment Rights Bill could push 3.9 million into secure work

The Employment Rights Bill in GB would have pushed 3.9 million more people into “secure” jobs had its reforms been in place in 2023, according to analysis by the Work Foundation. The think tank at Lancaster University is calling on the government to “hold firm” on the core purpose of the new legislation as it approaches Royal Assent in the coming weeks. Find out more here.

Ban on use of NDAs to gag crime reporting comes into force

New restrictions on the use of non-disclosure agreements (NDAs) against individuals who report a crime come into force 1 October 2025. There are already limitations on the use of NDAs where they prevent an employee from making a protected disclosure under whistleblowing legislation, but this change, under the Victims and Prisoners Act 2024, means NDAs cannot be used against individuals who report a crime in good faith to the appropriate bodies. More here from Personnel Today.

Employment Rights Bill: Date set for Lords vote

Personnel Today reports a date has been scheduled in the House of Lords for peers to consider MPs’ amendments to the Employment Rights Bill and the reasons the House of Commons rejected the Lords’ amendments. Earlier this month, MPs voted down opposition amendments to the Bill, rejecting all but minor technical changes to the legislation. Peers will convene on 28 October 2025 to consider the wishes of the elected house. Click here to find more.

HR anticipate rise in Union activity from Employment Rights Bill

Businesses are preparing for a potential increase in trade union engagement if membership thresholds are lowered as proposed in the Employment Rights Bill, according to new research from WorkNest. Over half of businesses (53%) expect an increase in union activity if plans to make it easier for trade unions to gain recognition go ahead, highlighting the operational and strategic challenges HR teams and leadership could face. HR Director has more.

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Employment Law at 11 - Sickness Absence

📅 TODAY!

🕒 11am to 11.45am

📍 Live online | Free to attend

Register here. 

Cold and flu season is around the corner – are you ready? Join our monthly Employment Law at 11 webinar to get practical guidance on managing sickness absence, including SSP, OSP, reporting obligations, and holiday entitlements. Stay compliant and support your team with confidence!

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. Or catch up on Spotify, Amazon or Apple Music while you're on the go!

NOTE: – Send your questions in advance to gosia@legal-island.com. Anonymity assured.

Please note that the employment law matters discussed in this webinar apply primarily to Northern Ireland.

🎙️ Listen to Employment Law at 11 – Anytime, Anywhere!

Whether you’re commuting, working out, or on the go, you can tune in to the latest discussions on employment and workplace matters.

Available on all major platforms: 🎧 Spotify🎧 Amazon Music 🎧 Apple Podcasts

Just search “Employment Law at 11” and join the conversation.

Enjoy your weekend!

Legal Island

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