Top 5 for Busy People: 

1. Sandie Peggie claim: the decision is finally out ⚖️
2. Christmas party risks: half of employers expect HR headaches 🎉
3. Stormont approves funding round, clearing the way for public sector pay rises 💷
4. ChatGPT v Justice: Ireland fights back, England, take note 👀
5. Spanish office worker fired for a habit most bosses usually praise - turning up too early ⏰

In other news................Think you’ve seen it all in recruitment? Think again. Join us for a free 45-minute lunchtime webinar on 20th of January 2026, hosted by Legal Island in partnership with MCS Group, and get the inside scoop on what’s really shaping hiring and how to hit the ground running in 2026.

1. Case Law Reviews
2. AI and Employment Law
3. Stormont agrees monitoring round funding to pave way for pay rises for public sector workers
4. Starbucks workers and unions in 10 countries to protest in support of US baristas
5. Sandie Peggie Claim – the decision is in........
6. Stormont £119m sum for data breach payouts not yet finalised
7. Just in Case You Missed It...
8. HR Developments
9. Employment News in the Media
10. GB Developments
11. Friends of Legal Island
12. Free Webinars This Month

Mangwanya v National Association of Citizens Advice Bureaux [2025] EAT 175

Summary Description: 

Time not extended for an appeal even though it was only 2 hours late – no good reason given and prejudice to the respondent present.

Claimant: 

G Mangwanya

Respondent: 

National Association of Citizens Advice Bureaux

Practical Guidance for Employers:

This demonstrates the heightened threshold for having time extended when it comes to an appeal.  This is important in ensuring the finality to proceedings, fairness to the respondent and is cognisant that the claimant would be aware of the proceedings having already been involved in a decision at the lower level.  Even though the delay was very short there was still significant prejudice to the respondent having dispensed of their notes and there was no good reason given by the claimant.

Read the Review in full: Mangwanya v National Association of Citizens Advice Bureaux [2025]

Rogerson v Erhard-Jensen Ontological/Phenomenological Initiative Ltd [2025] EWCA Civ 1547

Summary Description: 

Court of Appeal states that initiation of arbitration proceedings does not have judicial proceedings immunity for the purposes of constituting detriment for a claim relating to protected disclosures.

Claimant: 

Daniel Rogerson

Respondent: 

Erhard-Jensen Ontological/Phenomenological Initiative Ltd

Practical Guidance for Employers:

With the advance of ADR it has led to the courts having to determine the fine lines between those forms of ADR, such as arbitration, and the litigation route.  In this regard, it was held that the initiation of arbitration could amount to detriment and did not fall within judicial proceedings immunity being mindful of the intention of Parliament to ensure that whistleblowers would be adequately protected when they come forward with protected disclosures.

Read the Review in full: Rogerson v Erhard-Jensen Ontological/Phenomenological Initiative Ltd [2025]

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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AI for HR Weekly Podcast with Barry Phillips 🎙️

This week's episode: AI in the Workplace – Friend or Foe? (Spoiler: It's Complicated)

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.

Chat GPT v Justice: Ireland fights back. England, please copy

Believe it or not, Industrial Tribunals (as they were then called) were supposed never to have lawyers in them. The idea was there would be quick and simple resolution of workplace disputes on the basis of robust common sense. Fast forward 50 years and it hasn’t quite worked out like that. What it’s very much not designed for though is generative AI. Which is not helping. Gowling WLG looks at recent developments in this blog for Louped In.

DWP taps AI to scan 25,000 letters a day and identify vulnerable citizens

The Department for Work and Pensions has deployed artificial intelligence to help review tens of thousands of letters every day and detect potentially vulnerable citizens that may be in need of additional support. The Whitemail Insights and Vulnerability Scanner is an automated tool that “reads circa 25,000 scanned documents [and] letters received from citizens per day and flags people who may need urgent assistance”, according to an algorithmic transparency record newly published on GOV.UK. You can read more on this from Public Technology.

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The Stormont Executive has agreed £104 million for public sector awards, which will allow police officers, teachers, and healthcare workers in Northern Ireland to be awarded pay rises, reports ITV.

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Starbucks workers and union members in England, Scotland and eight other countries protested on Wednesday in support of striking US employees, the company's US union. Starbucks Workers United last month launched a strike, which the union said has expanded to 3,000 baristas in more than 100 US cities. Workers are pushing for better pay and staffing, and for the coffee chain to resolve hundreds of unfair labour practice claims. More from the BBC.

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Here’s a selection on commentary on the controversial case………..

Sandie Peggie to appeal NHS Fife ruling

Sandie Peggie is to appeal the controversial employment tribunal judgment in her case against NHS Fife and Dr Beth Upton, as a corrected version of the ruling was published today, following the revelation that the original included a ‘completely made-up’ quote. Her solicitor, Margaret Gribbon, confirmed the appeal at a press conference in Dundee this afternoon, adding that work was already underway, with a second KC appointed to support the case. Personnel Today carries the full story.

Patrick Harvie uses Sandie Peggie case to demand biological men are allowed back into female toilets

The Scottish Greens MSP demanded that the Scottish Government rip up its current trans guidance which restricts single-sex facilities to those born that sex - and tell its public bodies to do so as well. More. 

Sandie Peggie scores minor victory in NHS Fife claims

Sandie Peggie has won a claim for harassment against NHS Fife after a high-profile tribunal, but the judgment dismissed her other claims of direct discrimination, indirect discrimination and victimisation. Personnel Today say this.

Why Sandie Peggie ruling could lead to big changes for employers

It is a case that has generated headlines and interest around the world because it has been seen as a battleground between opposing views on sex and gender. Now, after months of legal wrangling, nurse Sandie Peggie can claim a partial - and rather narrow - victory in her employment tribunal against NHS Fife. Here's the BBC's take.

Sandie Peggie’s claims against trans doctor dismissed but NHS Fife did harass her, tribunal rules

A nurse who complained about sharing a women’s changing room with a trans doctor has had her claims against the doctor dismissed, but the employment tribunal did rule that her health board harassed her. Pink News has their say.

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The Department of Justice has suggested that a tentative agreement to ringfence money to settle cases brought by police officers over a major data breach in 2023 is not yet finalised. It comes after Justice Minister Naomi Long told the BBC that the Stormont Executive had already agreed to set aside £119m for the issue. More from the BBC.

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'K’ is for Kicking Off the Festive Party Season

Welcome to HR A to Z, a series crafted by AAB to decode the latest trends shaping the world of work. The festive season offers organisations a meaningful opportunity to celebrate achievements, deepen connection, and recognise the collective contribution that has driven success throughout the year. Shannon Lennon of AAB People has more.

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

Stay ahead of the curve with our exclusive Q&A series, brought to you by leading law firm, Arthur Cox, LLP, designed to answer your most pressing legal questions. These expert insights provide clear guidance to ensure your HR practices remain compliant and protect your organisation. This month's question: What duties and expectations are placed on employers who process criminal offence data? Madison Bowyer of Arthur Cox provides the answer.

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Christmas party risks – half of employers will face HR issues

As Christmas party season kicks off, the survey of HR professionals found that over half (52%) said their organisation had experienced at least one HR issue linked to a work party or social gathering. HR Director has more.

And, in a totally unrelated story………….(!)

Alcohol in the workplace: putting HR in control

HR has a central role to play in ensuring that consumption of alcohol by employees, particularly at this time of year, does not lead to workplace problems, says Suzanne Marshall, while recognising that younger colleagues are not drinking as much as previous generations. Personnel Today has the full story.

The impact of sickness absence is the highest in six years

A third (32%) of employers do not currently measure the impact of sickness absence on their organisation, according to research by GRiD. Absenteeism, and its close relation, presenteeism, can cause problems for organisations of all shapes and sizes, and they can be difficult for employers to tackle if they don’t have an accurate understanding of the magnitude of the issue within their own organisation. HR Director provides tips.

And…

Young workers fear poor health could cut careers short, study finds

One third of employees aged 16 to 24 expect to retire early because of ill health, the highest share of any age group, a study by global health insurance firm AXA Health found. A similar proportion (32.6 per cent) said their workplace prevented them from leading a healthy lifestyle, often because of stress, the Censuswide poll of 2,000 employees revealed. People Management has more.

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The Equality Commission for Northern Ireland has prosecuted the Bank of Ireland for failing to submit annual fair employment returns for the five years from 2021 to 2025. The Bank of Ireland was fined £2000 by the High Court. The Equality Commission has more.

A Spanish office worker has been fired for a habit most bosses would normally celebrate - turning up far too early. The 22-year-old employee had been warned repeatedly since 2023 to stop arriving between 6.45am and 7am, a full 40 minutes before her shift was due to start. But despite being told she wasn't allowed to clock in or begin work ahead of her 7.30am start time, she kept showing up at dawn with nothing to do. More from the Daily Mail.

A Police Service of Northern Ireland (PSNI) officer has told the High Court in Belfast that he had planned to take his own life after his mental health "plummeted" following a major data breach within the PSNI. The court is hearing claims for damages by six people impacted by the breach in 2023. The data breach occurred when the PSNI accidentally released details of its 9,400-strong workforce in response to a Freedom of Information request, reports the BBC.

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

GB Workers' rights bill standoff continues after Lords defeat

Labour's flagship law on GB workers' rights faces continuing deadlock after the House of Lords inflicted another defeat on the government. The setback comes just two weeks after ministers said they had reached a compromise between businesses and unions on the right to claim unfair dismissal. More from the BBC.

The Bullying and Respect at Work Bill – how it could affect your business

The Bullying and Respect at Work Bill was first proposed in 2023, and with a second reading due on January 9 2026, progress is slow. It could very well change from its current form, especially if there are further delays. This article from Growth Business outlines what the Bill aims to do.

MPs pass unfair dismissal changes with retrospective start date

MPs have voted in favour of the government’s amendments to the Employment Rights Bill, confirming that the new six-month qualifying period for protection against unfair dismissal would come into force with a retrospective start date of 1 January 2027. As the Bill returned to the House of Commons for consideration of the Lords’ amendments in the latest round of “ping-pong”, the abolition of unfair dismissal compensatory limits was also confirmed, although the Liberal Democrats accused ministers of “sneaking in” the shock change and abstained. Personnel Today has more on this.

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It was announced yesterday that Orlagh O’Neill, who was one of our very first speakers on employment law in Northern Ireland, will be the new managing partner at Carson McDowell beginning 1 May 2026. Orlagh has always been a big favourite at our Annual Review of Employment Law Conference.

A huge well done and congratulations from us at Legal Island! 👏 More details here.

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MCS Lunch & Learn: Level Up Your Recruitment Strategy for 2026

Tuesday 20th of January 2026
12 noon – 12:45 p.m.
Online

Think you’ve seen it all in recruitment? Think again. Join us for a free 45-minute lunchtime webinar on 20th of January 2026, hosted by Legal Island in partnership with MCS Group, and get the inside scoop on what’s really shaping hiring and how to hit the ground running in 2026.

What to expect:

• Understand how last year’s shifts in HR roles, sector trends and candidate expectations are shaping recruitment in 2026
• Explore how candidates and employers are using AI from CV optimisation to predictive hiring and what it means for your strategy
• Practical tips to reduce costs, streamline workflows and make automation work with your people, not against them

Stay ahead of salary trends, new role types and sector specific insights that will define the year ahead!
Julie will host a live Q and A with recruitment experts Rebekah Mulligan, Senior Recruitment Consultant - HR – MCS UK & Ireland and Associate Recruitment Consultant Tara Duffy, so you leave with answers, ideas and a sharper 2026 hiring toolkit.

Sign up for your free place here.

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

But you can catch up on anything you missed during the year on the Employment Law Hub, or if you prefer your podcasts on the move, search for 'Employment Law at 11' on Amazon Music, Spotify or Apple Music!

Enjoy your weekend!

Legal Island

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