Friday Round Up 05/12/2025
Published on: 05/12/2025
Article Authors The main content of this article was provided by the following authors.
Knowledge Team Legal Island
Knowledge Team Legal Island
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Christine, Julie, and Laura - known as the Knowledge Team - bring extensive expertise in employment law, HR, and learning & development. With diverse backgrounds spanning top-tier law firms, in-house roles, and voluntary organisations across the UK and Ireland, they provide informed and strategic support on employment matters.

Our team includes qualified (now non-practising) employment solicitors with experience in both legal and corporate sectors, alongside an experienced HR professional and CIPD Associate Member, ensuring a well-rounded approach to workplace challenges.

Christmas errands on the left, winter bugs on the right and the Friday round up safely in the middle ready to help you make sense of the week 🎄😆

5 Headlines in a Hurry:

  1. LRA issues Christmas guidance for employers 🎄
  2. 92% of employees faced financial stress in the past year 💷
  3. Police probing the Post Office Horizon scandal now weighing corporate manslaughter charges ⚖️
  4. Tribunal claimant jailed for contempt after making false statements 🚓
  5. AI adoption varies sharply by industry and age, research finds 🤖


In other news................have you seen our NEW Skill Builder for HR series? Hub members will receive 2 free Skill Builder places as part of their subscription (worth £270!) Find out what's on offer HERE.

1. Case Law Reviews ⚓︎

Commerzbank AG v Ajao [2025] EWHC 2904

Summary Description: 

Claimant from an Employment Tribunal who had made false statements found to be in contempt of court and given a prison sentence.

Claimant: 

Commerzbank AG

Respondent: 

Damilare Ajao

Practical Guidance for Employers:

This demonstrates a stark reminder that evidence being given at the Tribunal is being given under oath and that giving false statements, when found to the criminal standard, can lead to consequences such as the finding of contempt of court.  It is not usual that a respondent to a Tribunal takes such action, but the High Court found in their favour here considering the nature of the evidence that had been given by the claimant in the Tribunal.

Read the Review in full: Commerzbank AG v Ajao [2025]

BG v Ministero della Difesa [2025] EU Case C-522/24

Summary Description: 

Opposition to mandatory vaccination to remain in work did not constitute a belief under the Equal Treatment Directive.

Claimant: 

 BG

Respondent: 

Ministero della Difesa

Practical Guidance for Employers:

The role of the European court here is not to provide an answer to the case but to provide an interpretation to the EU Law at play.  Here it was found that opposition to mandatory vaccination does not constitute a belief to the extent that it is protected under the Equal Treatment Directive.  The European Court did acknowledge that it was some two years since Covid-19 was regarded as a public health emergency, yet they still found that they were being asked these questions relating to the application of the law.

Read the Review in full: BG v Ministero della Difesa [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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2. AI and Employment Law ⚓︎

OH yet to be convinced about value of AI

A majority of OH professionals have yet to see improvements in return to-work outcomes since adopting AI tools in their practice, and many remain concerned about the technology’s accuracy and security. A poll of practitioners carried out by the iOH’s AI in OH Working Group concluded that, while 77% of practitioners are now using AI tools in their day-to-day practice, 58% said they had yet to see any improvements in return-to-work outcomes as a result. Personnel Today has more on this.

AI adoption varies sharply by industry and age, research finds

AI is now a top priority for organisations, but adoption varies widely. Finance and manufacturing are leading the way with forecasting and automation, while education and creative sectors remain cautious. Age also plays a role, with younger professionals more ready to embrace AI in daily operations. HR Director has more.

AI for HR Weekly Podcast with Barry Phillips 🎙️

This week's episode: Data Security and ChatGPT – Open AI’s Little Known Huge Improvement


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3. WorldSkills UK National Finals results 2025 ⚓︎

A list of the WorldSkills UK National Finals results 2025

Access the list here.

Skills for Life and Work statistics August 2022 to July 2025

The Department for the Economy provides statistics on the Skills for Life and Work programme in Northern Ireland here.

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4. LRA Christmas Guidance for Employers ⚓︎

The Christmas period offers a valuable opportunity to recognise staff contributions and strengthen team spirit. It can also present challenges around annual leave, inclusivity, conduct at events, and employee wellbeing. With thoughtful planning and clear communication, employers can ensure a positive festive season while reducing the risk of complaints, conflict, or tribunal claims. The LRA provides some useful advice here.

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5. Mental health at work: from awareness to enforcement ⚓︎

In this insight, Gowling WLG explores why mental health has become a defining workplace challenge. Drawing on the latest Health and Safety Executive (HSE) statistics and industry discussions, the team examines the scale of the issue, its impact on business performance, the legal obligations organisations must meet and the potential consequence of failing to do so. More here.

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6. 92% of employees have experienced financial worry in the past year ⚓︎

Financial pressure is eroding the UK and Irish workforce, with 92% of employees reporting financial stress in the past year, according to new findings. The research from Zellis underlines the growing need for employers to treat financial wellbeing as a core part of their duty of care. More from HR Director. 

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7. Trade Union Voice as a Lever for Good Jobs - Evidence, Policy, and Practice in Northern Ireland ⚓︎

Dr Lisa Wilson, Senior Economist at the Nevin Economic Research Institute, Adjunct Associate Professor at University College Dublin, and the Minister for the Economy’s ‘Critical Friend’, has prepared a paper examining worker voice and representation. The paper explores the current state of worker voice in Northern Ireland, analysing union membership trends, collective bargaining coverage, and the wider institutional context in which worker representation operates. Read more.

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8. Just in Case You Missed It... ⚓︎

Q&A: What information is an employer required to display for employees regarding health and safety?

This month, Madison Bowyer, Associate in the Employment Law Group at Arthur Cox NI, outlines the health and safety information employers are required to display, including the Health and Safety Law Poster, policy statement, Employers’ Liability Insurance, and fire and first-aid arrangements. The article offers practical guidance to help ensure all notices are visible, accessible, and compliant.

Q&A: What duties and expectations are placed on employers who process criminal offence data?

The article explains the strict conditions set out under the UK GDPR and the Data Protection Act 2018, including the need to rely on an appropriate Schedule 1 condition, identify a lawful basis under Article 6, and ensure suitable policy documentation is in place. It also highlights when a data protection impact assessment may be required, reflecting the heightened risks recognised by the ICO. More from Madison Bowyer.

Q&A: Can a shift allowance be included in the calculation of a worker's pay for national minimum wage purposes?

In this article Madison Bowyer examines whether a shift allowance can be included when assessing pay for National Minimum Wage purposes. Madison Bowyer, Associate in the Employment Law Group at Arthur Cox NI, outlines how the National Minimum Wage Regulations 2015 expressly exclude shift allowances from the calculation, and explains what this means for employers when reviewing pay practices. Read here.

Ensuring a fair investigation with limited on-site staff: How do I Handle it?

Emma Doherty, Associate in the Employment team at Tughans LLP, explains how small businesses can ensure a fair and independent grievance investigation when available staff are limited. The article covers choosing an impartial investigator, considering internal or external options, and following a robust process to reduce the risk of disputes or claims. More here.

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9. HR Developments ⚓︎

The death of the CV? Employers urged to think differently about hiring

The Hiring Trends Report 2026 published by global recruitment technology firm Willo shows that whilst CVs remain the starting point for most hiring processes, their dominance is weakening fast. The study found just 37% of employers rate credentials and learning history – as typically outlined in CVs – among the most reliable indicators of talent. Four-in-ten (41%) respondents reported moving away from CV-first hiring, while 10% of respondents said they have largely replaced CVs with skills-based and scenario-driven assessments. More from in-Cumbria.

Employee engagement is becoming harder to achieve

New workplace dynamics, including hybrid working and virtual meetings, have come into play over the last few years and are making it increasingly difficult to engage employees. Health and wellbeing support can be a virtuous circle – if employees engage in health and wellbeing, they feel more engaged with the company. The key is finding more creative and dynamic ways to encourage the use of benefits. HR Director has more.

Skill Builder for HR: Employee Engagement in Modern Workplaces

Struggling with disengaged teams, fractured communication, and the relentless hum of digital overload? This short, high-impact deep dive equips HR professionals with strategies to reignite employee engagement. Join us at Legal Island to transform frustration into focus and retention into a competitive advantage. Employee Engagement in Modern Workplaces is part of the Skill Builder for HR: 6 x 6 series, monthly, 90-minute practical HR and employment law sessions designed exclusively for senior HR professionals and business leaders in Northern Ireland. Read more about the event here.

‘Boreout’ on the rise as employees feel demotivated and disengaged

Occasionally feeling bored at work is normal but over a sustained period it can develop into ‘boreout’ – a long-term state of demotivation and dissatisfaction caused by work that feels meaningless or unstimulating. A third (34 per cent) of HR professionals are considering leaving the sector, often citing fatigue and disengagement, Personio data has shown. This article from People Management looks at how employers can reduce the risk.

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10. Employment News in the Media ⚓︎

Police officers investigating the Post Office Horizon IT scandal are now considering corporate manslaughter charges. In an update, shared with victims in the past few days, the National Police Chiefs' Council (NPCC) said the investigation is looking at offences of perjury and perverting the course of justice, along with corporate manslaughter - which affects companies, rather than individuals the BBC reports

An engineer who took aerospace giant Leonardo UK to an employment tribunal for having to share women's toilets with transgender colleagues has lost a discrimination claim. More from Sky News.

Staff at a top grammar school in Northern Ireland have written another letter to its board of governors demanding answers regarding management issues saying they have "systemic concerns" amid a "lack of transparency". The staff at Assumption Grammar School, Ballynahinch, wrote a letter to the Board of Governors this week where they said that there are "long-standing concerns" regarding "the persistent lack of transparency and accountability" and the way these have been addressed have caused serious reputational damage and embarrassment. Belfast Live have the full story.

NHS Fife is facing further legal action from gender critical nurse Sandie Peggie as part of her ongoing employment tribunal claims against the health board. The nurse, who works at Victoria Hospital in Kirkcaldy, Fife, was placed on special leave after transgender colleague Dr Beth Upton made an allegation of bullying and harassment, and cited concerns about “patient care”, following a dispute over use of the female changing room on December 24 2023. The Scotsman has more on this story. 

An engineer who took aerospace giant Leonardo UK to an employment tribunal for having to share women's toilets with transgender colleagues has lost a discrimination claim. Maria Kelly alleged harassment related to sex, direct sex discrimination and indirect sex discrimination reports Sky News. Read here.

A supermarket worker who has ADHD was unfairly dismissed and subjected to unfavourable treatment due to his disability, a tribunal has ruled. Ryan Toghill worked for Lidl in Newport as a deputy store manager. In 2022, he was diagnosed with ADHD and as part of his condition he experiences rejection sensitivity. Personnel Today has more here.

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11. GB Developments ⚓︎

NB: Please note these articles relate to GB and do not apply in Northern Ireland, unless otherwise stated.

Angela Rayner to lay amendment to speed up GB workers’ rights bill

The former deputy prime minister Angela Rayner will lay an amendment on Wednesday to speed up the workers rights’ bill, after “considerable anger” that unelected Lords forced the watering down of day-one rights. The amendment would mean the new shorter qualifying period is in place by early next year. More from the Guardian.

HR needs to lead the response to whistleblowing reforms in GB

The changing legislative landscape in the GB means internal channels to report wrongdoing could increasingly be bypassed. Rachel Cook and Isabella Bradstock from the law firm Peters & Peters examine numerous reforms around whistleblowing in England & Wales in this article for Personnel Today and how HR teams can prepare:

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12. Free Webinars This Month ⚓︎

Employment Law at 11 is taking a well-earned break for November and December but don’t worry, we’ll be back in 2026, refreshed and ready to dive into more of the latest in employment law!

Enjoy your weekend!

Legal Island

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 05/12/2025